W'X 


SHAFFNER’S 


1  TELEGRAPH  COMPANION, 


DEVOTED  TO  THE  SCIENCE  AND  ART  OF  THE 


MORSE  AMERICAN  TELEGRAPH* 


vot.  i. 


JANUARY,  1854. 


No.  1. 


Art.  I— THE  AMERICAN  ELECTRO-MAGNETIC  TELEGRAPH. 


By  Hon.  Amos  Kendall, 


An  extract  from  an  Argument  submitted  to  the  Supreme  Court  of  the 


United  States. 


to  Seldom,  if  ever,  lias  a  more  important  case  been  brought  be- 
^  fore  ^e  Supreme  Court  of  the  United  States  for  its  decision. 

It  is  important  on  account  of  the  pecuniary  interests  in¬ 
volved  in  it ;  it  is  important  as  involving  the  fame  of  a  dis¬ 
tinguished  citizen,  and  through  him,  to  some  extent,  the  fame 
h  of  our  c°mnion  country.  It  is  transcendency  important  in  the 
y  principles  of  patent  law  which  it  presents  for  final  decision  bv 
.  this  tribunal.  J 

It  is  now  to  be  tested  whether  Prof.  Morse  is  to  share  the 
fate  of  so  many  distinguished  inventors,  who  have  gone  before 
him ,  whether  individuals  or  the  public,  eager  to  possess  the 
:  fruits  of  his  mental  labor  before  they  rightfully  become  public 
Property,  shall  be  permitted  to  gratify  their  cupidity  ;  whether 
'  ^rof-  Morse,  like  the  inventor  of  the  cotton  gin,  is  to  lose  the 
^profits  of  his  invention,  while  thousands  of  his  instruments  the 
originality  of  which  no  man  doubts,  resound  throughout  the 
land,  almost  in  the  presence  of  the  tribunal  which  must  decide 
upon  his  patents. 

S  11  1S  now  to  be  tested,  whether  American  courts  are  here- 
.  ^  alter  to  consider  patent  privileges  as  the  price  paid  by  the  Go- 
vernment  for  the  fruits  of  mental  labor,  to  be  held  as  sacred 
iom  piracy,  theft,  or  trespass,  as  any  other  species  of  private 
propei  ty  ;  or  whether,  like  the  English  courts  for  a  long  period 
now  happily  at  an  end,  they  are  still  to  confound  them  with 


343641 


2  shaffner’s  telegraph  companion. 

odious  monopolies,  of  what,  before  the  issue  of  the  special  grants, 
had  become  the  property  of  the  public. 

It  is  now  to  be  tested,  whether  American  courts,  as  the 
English  courts  so  long  did,  are  hereafter  to  look  to  machinery 
or  instrumentalities  as  the  only  objects  to  be  protected  by  pa¬ 
tents,  and  avail  themselves  of  errors  or  variances  in  structure  or 
description,  not  fatal  to  the  result,  for  the  purpose  of  annulling 
patent  rights;  or  whether  they  shall  look  through  the  means  to 
the  end,  as  the  real  object  of  protection,  and  in  their  decisions 
secure  the  results  to  the  inventor,  if  arrived  at  by  any  mode  in¬ 
telligibly  described  by  him,  especially  if  the  process  be  new. 

We  confidently  assert,  that  if  this  court  come  up  to  the  prin¬ 
ciples  established  by  the  highest  courts  in  England,  enough  is 
admitted  by  our  adversaries  to  entitle  us  to  a  decree  in  our 
favor. 

A  leading  principle  decided  in  England  is,  that  when  an 
inventor  has  by  a  new  principle  or  a  new  application  of  a 
known  principle,  power  or  substance,  produced  a  new  result, 
or  an  improved  result,  and  has  intelligibly  described  the  man¬ 
ner  in  which  he  uses  those  means,  they  being  of  his  own  inven¬ 
tion,  and  has  patented  his  means,  nobody  can  deprive  him  of 
the  exclusive  use  of  his  new  principle,  or  new  application,  or 
new  result,  by  any  improved  or  different  means. 

At  page  11  of  Mr.  Chase’s  printed  argument,  he  asks, 
“  What  Morse  actually  invented  ?”  and  he  proceeds  to  reply, 
“  He  invented  the  first  practically  useful  marking  Telegraph .” 
“The  evidence  in  this  case,”  says  he,  “I  freely  admit  must 
satisfy  the  court,  that  though  his  patent  and  the  practical  appli¬ 
cation  of  his  invention,  were  subsequent  in  date  to  some  foreign 
patents  and  to  the  actual  construction  of  some  foreign  tele¬ 
graphs,  still,  his  was  the  first  practically  usefully  marking  tele¬ 
graph.  For  that  telegraphy  beyond  a  doubt ,  he  was  entitled  to  a 
patent .” 

It  is  also  admitted,  that  Morse  invented  the  means  by  which 
this  new  and  useful*  result  was  accomplished.  “  Morse,”  says 
the  learned  counsel,  attached  a  marker  to  the  armature  of  the 
magnet.  He  brought  the  paper  and  its  revolving  cylinder 
within  the  stroke  of  the  marker.  He  adopted  a  contrivance  for 
withdrawing  the  marker  from  contact  with  the  paper  at  the 
instant  of  the  cessation  of  the  magnetic  impulse.  The  combina¬ 
tion  of  these  contrivances,  with  the  known  means  of  operation 
from  the  distant  station,  enabled  him  to  produce  marks  at  a  dis¬ 
tance,  &c.” 

Again:  “It  occurred  to  him  [Morse]  that  the  motion  which 
previous  discoverers  and  inventors  had  been  able  to  produce  by 
means  of  electro-magnetism,  might  be  made  to  mark  dots  and 
horizontal  lines.  A  simple  contrivance  sufficed  for  this.” 


THE  AMERICAN  ELECTRO-MAGNETIC  TELEGRAPH. 


a 


Though  we  by  no  means  concede,  that  these  admissions 
cover  all  of  Morse’s  invention,  or  any  considerable  part  of  it, 
yet  they  cover  enough  to  secure  to  him  not  only  those  means, 
but  the  new  result  obtained  by  their  use.  Having  been  the  first 
to  invent  a  practically  useful  marking  Electro-Magnetic  Tele¬ 
graph  by  any  contrivances,  however  simple,  which  “  occurred 
to  him,”  or  were  by  him  invented,  and  which  he  has  intelligibly 
described  in  his  patent,  he  is  entitled  to  the  exclusive  use  of 
marking  for  telegraphic  purposes  by  any  mode  in  which  Electro- 
Magnetism  is  the  essential  agent.  There  are  in  fact  two  distinct 
grounds  on  which  his  general  claim  rests. 

First .  He  makes  a  new  application  of  a  known  power  to  pro¬ 
duce  an  useful  result. 

Secondly.  He  produces  a  useful  result  never  before  produced 
by  any  power. 

But  for  one  branch  of  our  argument,  the  two  may  be  re¬ 
solved  into  one, — a  new  result  produced,  by  a  new  application  of  a 
known  power, — a  result  which  our  adversaries  admit  to  be  new 
and  produced  by  means  of  contrivances  which  they  admit  to 
be  his. 

There  are  many  cases  in  the  English  books  tending  to  estab¬ 
lish  the  principle  that  an  inventor,  who  has  produced  a  new 
result  or  a  result  in  any  degree  useful  by  a  new  application  of  a 
known  agent,  may,  by  giving  to  the  public  an  intelligible  descrip¬ 
tion  of  the  means  he  uses,  those  means  being  of  his  own  inven¬ 
tion,  secure  to  himself  through  a  patent  for  the  means,  an  exclu¬ 
sive  right  to  the  new  application  and  its  result  against  inter¬ 
ference  by  any  other  means.  The  leading  case,  and  the  only 
one  it  is  necessary  to  present  in  any  detail,  is  that  of  Neilson’s 
Patent  for  what  was  called  the  Hot  Air  Blast. 

Cold  air  injected  by  a  bellows  had  previously  been  used  to 
produce  heat  in  furnaces  employed  in  the  production  and  manu¬ 
facture  of  iron.  Neilson  perceived  that  a  large  portion  of  the 
heat  generated  in  the  furnace,  was  absorbed  in  heating  the  cold 
air,  and  he  conceived  the  idea  that  if  the  air  could  be  heated 
before  it  went  into  the  furnace,  the  heat  of  the  furnace-fire  ab¬ 
sorbed  in  that  process,  would  be  saved,  by  which  means  the 
furnace  could  be  made  much  hotter.  To  carry  out  his  idea  he 
constructed  and  patented  a  clumsy  iron  box  placed  between  the 
blower  and  furnace  through  which  the  air  must  pass,  and  under 
the  box  he  put  a  fire  to  heat  the  air  in  its  transit. 

His  patent  was  denominated,  a  patent  “ for  the  improved  appli¬ 
cation  of  air  to  produce  heat  in  fires ,  forges ,  and  furnaces  where 
bellows  or  other  blowing  apparatus  are  required the  only  instru¬ 
mentality  described  being  the  iron  box  with  a  fire  under  it  be¬ 
tween  the  blowef  and  the  furnace. 


4  shaffner’s  telegraph  companion. 

The  discovery  proved  to  be  of  vast  public  utility,  and  his  mode 
of  heating  the  air  was  greatly  improved  by  various  devices, 
among  which  was  the  substitution  of  iron  pipes  for  his  clumsy 
iron  box.  The  parties  who  had  substituted  other  modes  for 
heating  the  air,  maintained,  as  the  appellants  in  this  case  do,  that 
Neilson’s  patent  was  for  his  mode  of  heating  the  air  only ,  and  as 
they  used  different  modes,  they  were  not  infringers. 

Neilson  on  the  other  hand  maintained,  that  being  the  first  to 
conceive  the  idea,  and  having  rendered  it  useful  by  one  mode  of 
his  own  invention,  he  was  entitled  to  the  exclusive  right  of  using 
the  hot  blast  by  all  modes  during  the  existence  of  his  patent. 
The  opposing  Council  in  that  case,  as  our  adversaries  do  in  this, 
insisted  that  the  patentee  was  entitled  only  to  the  mode  described 
in  his  patent,  that  a  patent  covering  all  modes  would  be  a  pa¬ 
tent  for  a  principle  ;  and  they  were  alert  as  our  adversaries  are 
in  this  case,  to  point  out  how  very  little  the  patentee  had  invented. 
And  little  indeed  it  was  in  that  case.  The  manufacture  of  iron 
was  old  ;  the  furnace  was  old  ;  the  fuel  was  old ;  the  blower  was 
old  ;  hot  air  was  old  ;  iron  boxes  were  old ; — not  a  single  new 
thing  was  used  by  him — nothing  equal  to  the  “  simplest  contri¬ 
vance  ”  in  Morse’s  Telegraph.  He  did  nothing  whatever  in  the 
way  of  invention,  but  to  put  a  few  old  things  together,  and  that 
not  in  a  very  satisfactory  manner. 

The  reported  litigation  upon  this  patent  occupies  upwards 
of  150  pages  in  Webster’s  Keports  of  Patent  Cases.  It  was  con¬ 
tested  with  all  the  talent,  zeal  and  perseverance  which  unlimited 
means  could  command :  after  appearing  in  various  shapes  in 
the  English  Courts,  a  case  involving  its  validity  and  extent  went 
by  appeal  from  the  Court  of  Sessions  in  Scotland  up  to  the  House 
of  Lords. 

A  long,  lucid,  and  most  able  charge  was  given  to  the  Jury 
by  the  Court  below,  to  which  exceptions  were  taken ;  and 
upon  those  exceptions,  the  case  was  taken  up.  To  show  dis¬ 
tinctly  that  the  House  of  Lords  decided  upon  the  question  now 
at  issue,  we  are  obliged  to  quote  somewhat  extensively  from 
this  charge  to  the  jury.  In  that  address  the  learned  Judge  spoke 
as  follows :  viz. 

“It  is  quite  true,  that  a  patent  cannot  be  taken  out  solely  for 
an  abstract  philosophical  principle :  for  instance  for  any  law  of 
nature,  or  any  property  of  matter  apart  from  any  mode  of  turn¬ 
ing  it  to  account  in  the  practical  operations  of  manufacture,  or 
to  the  business,  and  arts,  and  utilities  of  life.  The  mere  discov¬ 
ery  of  such  a  principle,  is  not  an  invention  in  the  patent  law- 
sense  of  the  term.  Stating  such  a  principle  in  a  patent,  may  be 
a  promulgation  of  the  principle,  but  it  is  no  application  of  the 
principle  to  any  practical  purpose ;  and  without  that  application 
of  the  principle  to  a  practical  object  and  end,  and  without  the 


THE  AMERICAN  ELECTRO-MAGNETIC  TELEGRAPH. 


5 


application  of  it  to  human  industry,  or  to  the  purposes  of  hu¬ 
man  enjoyment,  a  person  cannot  in  the  abstract,  appropriate  a 
principle  to  himself.  But  a  patent  will  be  good,  though  the  sub¬ 
ject  of  the  patent  consists  in  the  discovery  of  a  great,  general, 
and  most  comprehensive  principle  in  science  or  law  of  nature, 
if  that  principle  is  by  the  specification  applied  to  any  special 
purpose,  so  as  thereby  to  effectuate  a  practical  result  and  bene¬ 
fit  not  previously  attained. 

“  The  main  merit,  the  most  important  part  of  the  invention 
may  consist  in  the  conception  of  the  original  idea — in  the  dis¬ 
covery  of  the  principle  in  science,  or  of  the  law  of  nature,  sta¬ 
ted  in  the  patent,  and  little  or  no  pains  may  have  been  taken  in 
working  out  the  best  manner  and  mode  of  the  application  of  the 
principle  to  the  purpose  set  forth  in  the  patent.  But  still,  if  the 
principle  is  stated  to  be  applicable  to  any  special  purpose,  so  as 
to  produce  any  result  previously  unknown  in  the  way  and  for 
the  objects  described,  the  patent  is  good.  It  is  no  longer  an 
abstract  principle,  it  comes  to  be  a  principle  turned  to  account,  to 
a  practical  object,  and  applied  to  a  special  result.  It  becomes  then 
not  an  abstract  principle,  which  means  a  principle  considered 
apart  from  any  special  purpose  or  practical  operation,  but  the 
discovery  and  statement  of  a  principle  for  a  special  purpose,  that 
is,  a  practical  invention,  a  mode  of  carrying  a  principle  into 
effect.  That  such  is  the  law,  if  a  well-known  principle  is  ap¬ 
plied  for  the  first  time  to  produce  a  practical  result  for  a  special 
purpose,  has  never  been  disputed. 

“It  would  be  very  strange  and  unjust  to  refuse  the  same  le¬ 
gal  effect,  when  the  inventor  has  the  additional  merit  of  discov¬ 
ering  the  principle,  as  well  as  its  application  to  a  practical  object. 
The  instant  that  a  principle,  although  discovered  for  the  first 
time,  is  stated,  in  actual  application  to,  and  as  the  agent  of,  pro¬ 
ducing  a  certain  specified  effect,  it  is  no  longer  an  abstract  prin¬ 
ciple  ;  it  is  then  clothed  with  the  language  of  practical  applica¬ 
tion,  and  receives  the  impress  of  tangible  direction  to  the  actual 
business  of  human  life.  Is  it  any  objection  then,  in  the  next 
place,  to  such  a  patent,  that  terms  descriptive  of  the  application 
to  a  certain  specified  result,  include  every  mode  of  applying  the 
principle  or  agent  so  as  to  produce  that  specified  result,  although 
one  mode  may  not  be  described  more  than  another  ?  Although 
one  mode  may  be  infinitely  better  than  another,  although  much 
greater  benefit  would  result  from  the  application  of  the  princi¬ 
ple  by  one  method,  than  by  another — although  one  method  may 
be  much  less  expensive  than  another?  Is  it,  I  next  inquire,  an 
objection  to  the  patent,  that  in  its  application  of  a  new  princi¬ 
ple  to  a  certain  specified  result,  it  includes  every  variety  of 
mode  of  applying  the  principle  according  to  the  general  state- 


6 


shaffner’s  telegraph  companion. 


ment  of  the  object  and  benefit  to  be  attained?  Yon  will  ob¬ 
serve  that  the  greater  part  of  the  Defendant’s  case  is  truly  di¬ 
rected  to  this  objection.  This  is  a  question  of  law,  and  I  must 
tell  you  distinctly,  that  this  generality  of  claim,  that  is,  for  all 
modes  of  applying  the  principle  to  the  purpose  specified,  accord¬ 
ing  to,  or  within  a  general  statement  of  the  object  to  be  attained, 
and  of  the  use  to  be  made  of  the  agent  to  be  so  applied,  is  no 
objection  whatever  to  the  patent.  That  the  application  or  the 
use  of  the  agent  for  the  purpose  specified,  may  be  carried  out  in 
a  great  variety  of  ways,  only  shows  the  beauty,  and  simplicity, 
and  comprehensiveness  of  the  invention.  But  the  scientific  and 
general  utility  of  the  proposed  application  of  the  principle,  if 
directed  to  a  specified  purpose,  is  not  an  objection  to  its  becom¬ 
ing  the  subject  of  a  patent. 

“  That  the  proposed  application  may  be  very  generally  adopt¬ 
ed  in  a  great  variety  of  ways,  is  the  merit  of  the  invention,  not 

a  legal  objection  to  the  patent.” 

*  *  *  -x-  *  * 

% 

11 1  state  to  you  the  law  to  be,  that  you  may  obtain  a  patent 
for  a  mode  of  carrying  a  principle  into  effect;  and  if  you  sug¬ 
gest  and  discover,  not  only  the  principle,  but  suggest  and  invent 
how  it  may  be  applied  to  a  practical  result  by  mechanical  con¬ 
trivance  and  apparatus,  and  show  that  you  are  aware  that  no 
particular  sort,  or  modification,  or  form  of  the  apparatus  is  es¬ 
sential  in  order  to  obtain  benefit  from  the  principle,  then  you 
may  take  your  patent  for  the  mode  of  carrying  it  into  effect, 
and  are  not  under  the  necessity  of  describing  and  confining  your¬ 
self  to  one  form  of  apparatus.  Tf  that  were  necessary,  you  see 
what  would  be  the  result.  Why  that  a  patent  could  hardly 
ever  be  obtained  for  any  mode  of  carrying  a  newly  discovered 
principle  into  practical  results,  though  the  most  valuable  of  all 
discoveries.  For  the  best  form  and  shape,  or  modification  of 
apparatus,  cannot,  in  matters  of  such  vast  range,  and  requiring 
observation  on  such  a  great  scale,  be  attained  at  once ;  and  so 
the  thing  would  become  known,  and  so  the  right  lost,  long  be¬ 
fore  all  the  various  kinds  of  apparatus  could  be  tried.  Hence 
you  may  generally  claim  the  mode  of  carrying  the  principle  into 
effect  by  mechanical  contrivance,  so  that  any  sort  of  apparatus 
applied  in  the  way  stated,  will,  more  or  less,  produce  the  benefit, 

and  you  are  not  tied  down  to  any  form!” 

****** 

tc  I  have  to  tell  you  in  point  of  law,  that  under  this  patent  not 
claiming  any  or  the  best  contrivance  for  heating  the  air,  and  at 
the  least  expense  and  trouble,  the  result  which  actually  followed, 
viz. :  that  persons  in  the  trade  and  acting  on  the  patent,  contriv¬ 
ed  from  time  to  time,  a  great  variety  of  contrivances  more  or 
less  valuable  or  costly,  and  at  last  came  to  settle  generally  into 


THE  AMERICAN  ELECTRO-MAGNETIC  TELEGRAPH. 


7 


one  form  as  better  than  others,  was  exactly  the  result  which 
might  be  expected  to  follow  under  a  patent  of  this  general  char¬ 
acter,  and  that  if  the  patent  is  good  in  law,  then  it  gave  no  form 
of  apparatus  for  heating  air,  but  claimed  the  contrivance  gener¬ 
ally,  of  heating  the  blast  for  the  effect  and  end  of  producing 
heat  in  the  furnace.  The  only  point  for  you  is,  will  any  con¬ 
trivance  which  heats  the  blast,  produce  that  beneficial  effect  and 
end  ?” 

The  subject  was  fully  discussed  by  Counsel  before  the  House 
of  Lords,  and  by  the  Lords  themselves,  and  that  august  Tribu¬ 
nal,  so  far  as  appears,  without  a  dissenting  voice,  decided  the 
law  to  be  as  laid  down  in  the  foregoing  extracts  from  the  charge 
to  the  Jury. 

On  that  o'ccasion  Lord  Campbell  made  the  following  remarks, 
viz. : 

11  The  other  exceptions,  till  we  come  to  the  11th,  turn  upon 
the  construction  of  the  patent.  How  in  one  stage  of  these  pro¬ 
ceedings,  I  certainly  did  entertain  some  doubt  on  that  subject. 
But  after  the  construction  put  upon  it  by  the  learned  Judges  of 
the  Exchequer,  sanctioned  by  the  high  authority  of  my  noble 
and  learned  friend  now  upon  the  woolsack,  when  presiding  in 
the  Court  of  Chancery,  I  think  the  patent  must  be  taken  to  ex¬ 
tend  to  all  machines  of  whatever  construction,  whereby  the  air 
is  heated  intermediately  between  the  blowing  apparatus  and  the 
blast  furnace.  That  being  so,  the  learned  Judge  was  perfectly 
justified  in  telling  the  Jury,  that  it  was  unnecessary  for  them  to 
compare  one  apparatus  with  another,  because,  confessedly,  that 
system  of  conduit  pipes  was  a  mode  of  heating  air  by  an  inter¬ 
mediate  vessel  between  the  blowing  apparatus  and  the  blast  fur¬ 
nace,  and  therefore  it  was  an  infraction  of  the  patent.” 

Thus  it  was  decided  by  the  Courts  of  England  and  Scotland, 
including  the  House  of  Lords,  substantially  in  the  language  of 
the  exceptions,  that  the  patentee,  being  the  discoverer  of  a  new 
principle,  and  the  inventor  of  means,  however  simple  and  imper¬ 
fect,  by  which  he  has  rendered  it  in  some  degree  useful ,  may 
‘ 1  claim  or  maintain  that  his  patent  is  one  which  applies  to  all  varie¬ 
ties  in  the  apparatus  which  may  he  employed  in  heating  air  while  under 
blast f  and  is  “  not  limited  to  a  particular  apparatus  described  in  the 
specification ” — that  it  is  “  in  point  of  law  no  objection  to  the  validity 
of  such  a  patent  that  it  included  every  mode  of  applying  the  princi¬ 
ple  or  agent  so  as  to  produce  the  specified  result ,  although  one  mode 
may  not  be  described  more  than  another ,  although  one  mode  may 
be  infinitely  better  than  another ,  although  much  greater  benefit 
would  result  from  the  application  of  the  principle  by  one  method l, 
than  another ;  although  one  method  be  much  less  expensive  than  an¬ 
other,  and  that  this  generality  of  claim ,  that  is,  for  all  modes  of  ap¬ 
plying  the  principle  to  the  purpose  specified ,  according  to,  or  within 


8 


shaffner’s  telegraph  companion. 


the  general  statement  of  the  object  to  be  obtained ,  and  of  the  use  to  be 
made  of  the  agent  to  be  applied ,  is  no  objection  whatever  to  the  patent .” 

But  it  is  distinctly  laid  down  in  tlie  same  case,  that  the  pat¬ 
entee,  if  he  wishes  to  enjoy  his  invention  thus  broadly,  must 
take  care  in  his  specification  not  to  confine  himself  to  the  single 
mode  described  by  him  ;  otherwise  he  will  be  confined  to  that 
mode.  Webster'1  s  Patent  Cases  j pp.  679,  682,  688,  698,  Ex.  6. 

As  well  in  the  facts  as  in  the  law,  there  is  a  remarkable  analo¬ 
gy  between  Neilson’s  patent  for  the  hot  air  blast  and  Morse’s 
patent  for  the  Electro-Magnetic  Telegraph.  In  Neilson’s  case 
the  idtimate  result  was  the  manufacture  of  iron  which  was  old. 

In  Morse’s  case,  the  ultimate  result  was  the  telegraphic  com¬ 
munication  of  ideas  from  one  mind  to  another,  which  was  old. 

In  Neilson’s  case,  the  furnace,  the  fuel,  the  fire,  the  ore,  the 
hot  air,  the  blower  and  iron  boxes,  were  old. 

In  Morse’s  case,  the  clockwork,  the  paper,  dots  and  dashes, 
galvanic  electricity,  the  battery.,  the  circuit,  the  electro  magnet, 
and  the  key  were  old. 

Neilson  put  the  old  parts  together  in  such  manner  as  to  heat 
the  air  in  its  transit,  though  he  did  not  claim  heating  the  air, 
without  even  a  “  simple  contrivance”  of  his  own  invention. 

Morse  put  the  old  parts  together,  by  a  port  rule  to  regulate 
the  pulsations  of  the  electric  current  so  as  to  make  the  dots  and 
dashes  of  any  desired  length,  by  a  contrivance  to  regulate  the 
motion  of  the  paper  to  receive  them,  by  the  pen  or  pencil  in  the 
first  patent  to  delineate  them,  and  the  pen-point  and  grooved 
roller  in  his  second  patent  to  indent  them,  and  by  combined  and 
local  circuits. 

In  ISTeilson’s  case,  the  clumsy  iron  box  in  his  combination, 
which  was  the  only  patentable  part  of  his  invention,  was  immedi¬ 
ately  abandoned  in  practice,  being  superseded  by  coils  of  pipe 
in  which  the  air  could  be  heated  to  a  higher  degree  of  tempera¬ 
ture  ;  but  in  the  case  of  Morse,  it  is  his  own  invented  forms  and 
combinations  now  in  use  unimproved,  which  make  his  Telegraph. 

True,  his  port  rule  which  forms  a  part  of  his  invention,  is  not 
used,  because,  in  common  business,  the  end  can-  be  better  attain¬ 
ed  without  it ;  but  this  constituted  a  small  part  of  his  patenta¬ 
ble  invention. 

Though  the  whole  of  Neilson’s  patentable  invention  was 
abandoned  in  practice,  yet  the  British  Courts  of  highest  resort 
sustained  his  claim  to  the  exclusive  use  of  hot  air  applied  to  fur¬ 
naces  :  And  on  what  ground?  On  the  ground,  that  he  was  the 
first  to  devise  and  describe  the  means  of  applying  the  hot  air ,  no  mat¬ 
ter  how  bungling  or  imperfect  those  means  were,  if  they  were 
such  as  to  make  the  application  to  any  degree  useful. 

They  decided  that  he  was  entitled  to  the  whole  principle  and 
effect ,  because  that  was  his  real  invention,  and  although  it  was 


THE  AMERICAN  ELECTROMAGNETIC  TELEGRAPH. 


9 


necessary  for  him  to  devise  and  describe  some  plan  by  which  the 
object  could  be  attained,  when  he  had  described  one  such  mode, 
it  carried  with  it  all  modes.  They  do  indeed  lay  down  one  excep¬ 
tion  to  this  rule,  dependent  however,  on  the  patentee  himself. 
It  is  where  the  patentee  so  frames  his  specification  as  to  imply 
that  he  intends  to  confine  himself  to  the  mode  described  by  him. 
In  that  event  he  is  entitled  to  nothing  beyond  that  particular 
mode.  Neilson  avoided  that  restriction,  by  declaring  in  his  spe¬ 
cification,  that  the  size  and  shape  of  the  box  in  which  the  air 
was  to  be  heated,  and  the  manner  of  heating  the  air,  were  im¬ 
material.  Morse  avoids  it  by  directly  declaring,  after  he  has  de¬ 
scribed  his  machinery,  that  he  does  not  propose  to  confine  him¬ 
self  to  it,  but  claims  all  modes  wherein  the  same  application  of 
power  is  employed  to  attain  the  same  end,  both  the  application 
and  end  being  new.  And  the  Court  will  not  fail  to  remark, 
that  such  a  declaration,  or  something  equivalent  to  it,  was  ab¬ 
solutely  necessary  to  bring  Morse’s  invention  within  the  protec¬ 
tion  of  the  law  as  laid  down  in  Neilson’s  case. 

With  this  exposition,  we  confidently  submit,  that,  upon  the 
admissions  of  our  adversaries,  that  by  a  few  simple  contrivances 
of  Morse’s  invention,  described  in  his  specification,  he  has  pro¬ 
duced  “the  first  practically  useful  Electro-Magnetic  Marking 
Telegraph,”  he  is  entitled  to  the  protection  of  this  court  against 
all  other  Electro-Magnetic  Marking  Telegraphs,  whatever  may 
be  their  form  or  modes  of  operation. 

But  our  adversaries  while  admitting  facts  sufficient  to  en¬ 
title  us  to  protection  under  the  law  as  laid  down  m  Neilson’s 
case,  resolutely  contest  the  law  itself.  They  sing  us  the  old 
song  with  all  its  variations,  that  principles ,  effects ,  and  results 
cannot  be  patented. 

So,  in  the  same  sense,  Machines ,  or  means  cannot  be  patented. 
An  abstract  machine  is  no  more  patentable,  than  an  abstract  prim 
ciple  or  result.  Go  to  the  Patent  Office  with  the  most  beautiful 
machine  ever  devised,  seeming  to  perform  evolutions  more 
wonderful  and  sublime  than  those  of  the  Heavenly  spheres,  and 
tell  them  you  want  a  patent  for  it.  They  will  ask  you  the  very 
commonplace  question,  “  of  wliat  use  is  your  beautiful  machine? 
What  useful  result  do  you  accomplish  by  it f”  If  you  reply 
“I  don’t  know,  I  have  not  yet  studied  that  out,”  they  will  tell 
you  “you  must  know, — you  must  not  only  study  that  out,  but 
you  must  give  us  an  intelligible  description  of  it  before  we  can  give 
you  a  patent.” 

Go  to  the  Patent  Office  and  tell  them,  that  you  have  dis¬ 
covered  a  principle ,  or  achieved  a  result ,  more  important  to  the 
wealth,  comfort,  and  happiness  of  mankind  than  all  discove¬ 
ries  and  inventions  which  have  been  made  from  creation  down 
to  this  day,  and  ask  a  patent  for  it.  They  will  ask  you  how  you 


10 


shaffner’s  telegraph  companion. 


apply  the  principle  so  as  to  produce  any  useful  result,  or  how 
you  produce  a  result  so  astonishing?  If  you  answer  that  you 
do  not  choose  to  tell,  or  have  yet  to  study  that  out,  they  will  tell 
you,  that  you  must  not  only  study  it  out,  but  give  them  an 
intelligible  description  of  it,  before  they  can  give  you  a  patent 
for  it. 

Every  cause  has  its  effect,  and  every  effect  its  cause.  Ma¬ 
chines  and  their  results  in  the  eye  of  the  patent  law,  cannot  be 
separated.  They  come  into  existence  together,  and  march,  pari 
passu ,  hand  in  hand.  They  are  the  body  and  the  soul.  With¬ 
out  the  soul  the  body  is  dead,  and  protection  would  be  useless ; 
without  the  body,  the  soul  needs  no  human  protection.  It  is 
body  and  soul  united ,  which  need  the  protection  of  human  laws, 
and  it  is  only  body  and  soul  united  that  such  laws  are  designed 
to  protect. 

In  the  beginning  of  invention,  every  new  machine  produced 
a  new  result.  They  formed  the  basis  of  all  subsequent  improve¬ 
ments.  By  the  principles  of  justice  as  well  as  patent  law,  the 
first  inventor  was  entitled  to  be  protected  both  in  his  machine 
and  his  result ,  in  the  one  as  well  as  in  the  other,  both  being  his 
property,  the  fruits  of  his  mental  and  manual  labor.  The 
second  inventor  by  an  improved  machine  might  produce  an  im¬ 
proved  result ,  and  would  be  entitled  to  protection  for  his  improve¬ 
ment  and  for  his  improvement  only.  It  would  be  as  unjust  to 
let  him  deprive  me  of  my  result  because  he  has  improved  it,  as 
of  my  machine  because  he  has  improved  that.  He  cannot  build 
on  my  foundation  without  my  leave,  but  having  purchased  my 
machine  and  results,  he  adds  his  improvements,  and  enjoys  the 
whole  together.  The  first  inventor  is  entitled  to  the  whole  re¬ 
sult  ;  the  second  to  his  improvement  upon  it ;  so  also  the  third, 
and  so  on.  But  gradations  in  results  are  not  so  easily  distin¬ 
guished  as  alterations  in  machinery,  and  as  they  both  go  to¬ 
gether,  the  law  attempts  to  define  and  protect  an  improvement 
in  the  result,  through  the  improvement  of  machinery  by  which 
it  is  produced.  When  it  speaks  of  a  new  and  useful  machine, 
it  means  a  machine  which  produces  a  new  and  useful  result ; 
and  when  it  speaks  of  a  new  and  useful  improvement,  it  means 
one  that  produces  an  improvement  in  the  result.  To  under¬ 
stand  the  meaning  of  the  law,  we  must  look  upon  the  machine 
and  its  result  as  one , — one  in  origin,  one  in  object,  and  one  in  the 
eye  of  the  law. 

But  our  adversaries,  like  multitudes  of  others,  separate  ma¬ 
chines  from  their  results,  and  seem  to  think  the  former  the  only 
objects  which  the  patent  laws  are  designed  to  protect*.  We  hold, 
on  the  contrary,  that  the  ultimate  object  of  the  patent  laws  is, 
the  protection  of  results ,  and  so  far  as  they  are  applicable  to  the 
protection  of  machines,  the  object  is  to  protect  the  result  through 


THE  AMERICAN  ELECTRO-MAGNETIC  TELEGRAPH.  11 

protection  of  the  machine .  Of  what  use  is  protection  of  the  ma¬ 
chine,  if  the  result  be  not  protected  ?  Of  what  value  is  the 
machine  to  the  patentee,  or  the  public,  except  for  the  results  it 
produces? 

We  need  not  tell  this  court,  that  patents  in  England  were 
originally  for  new  results,  “  new  manufactures  ” — without  re¬ 
gard  to  the  manner  in  which  they  were  produced.  No  specifi¬ 
cation  of  means  or  machinery  was  required.  The  fact  that  a 
man  produced  an  useful  result,  was  all  that  was  required ;  and 
for  the  result  only  the  patent  was  granted.  This  patent  pro¬ 
tected  him  against  any  person  who  should  produce  the  same 
result  by  any  means  whatsoever. 

What  was  the  object  of  the  specification  afterwards  required? 
N ot,  certainly,  to  enable  others  to  deprive  the  patentee  of  his 
result  by  improving  upon  his  means  or  substituting  others; 
but  simply  to  enable  others  to  understand  how  he  arrived  at 
that  result,  that  the  public  might  have  the  full  benefit  of  it  after 
the  expiration  of  his  exclusive  right.  The  first  expedient  re¬ 
sorted  to  for  the  purpose  of  enabling  the  public  to  avail  itself  of 
the  invention  after  the  patent  had  expired,  was  to  require  the 
patentee  to  instruct  a  certain  number  of  apprentices  in  his  art 
and  mystery,  who  might  go  out  and  teach  it  to  others.  This 
was  made  a  condition  on  which  the  exclusive  use  was  guaran¬ 
teed  by  a  patent.  This  gave  place  to  the  written  specification 
which  was  an  improved  mode  of  arriving  at  the  same  end. 

There  is  a  contract  between  the  inventor  and  the  public. 
The  inventor  says,  I  have  accomplished  an  object  never  before 
accomplished,  I  have  produced  a  result — “  a  new  manufacture” 
— never  before  produced,  of  vast  public  utility.  The  govern¬ 
ment  says  to  him,  if  you  will  make  known  the  means  by  which 
you  attain  that  end,  so  that  the  public  will  have  the  benefit  of 
it  after  your  patent  expires,  we  will  secure  to  you  all  the  bene¬ 
fits  of  your  result  for  fourteen  years.  The  bargain  is  struck. 
The  inventor  reveals  his  secret ;  the  government  gives  him  a 
solemn  contract  of  protection  ;  and  then,  nine  times  out  of  ten, 
suffers  him  to  be  plundered,  if  not  ruined  by  the  uses  made  of  the 
very  secret  he  discloses ! 

Morse  comes  to  the  government  with  his  ribbon  of  paper, 
imprinted  with  letters  Koman,  Greek,  Hebrew  or  Morsaic ,  and 
says,  I  have  produced  this  new  and  astounding  result  instanta¬ 
neously,  standing  a  thousand  miles  distant  from  the  printing 
apparatus,  and  I  ask  a  patent  for  it.  A  patent  under  the  old 
English  law  would  have  given  him 'the  exclusive  benefit  of  his 
result  for  the  patent  term ;  but  the  government  says  to  him, 
“you  must  inform  the  public  how  you  do  this  wonderful  thing, 
and  then  we  will  give  you  a  patent  securing  to  you  the  exclu¬ 
sive  use  of  it  for  fourteen  years.”  Morse  says  u  if  I  inform  the 


12  shaffner’s  telegraph  companion. 

\ 

public  bow  I  do  it,  you  will  let  others,  who  perchance  get  their 
notions  from  my  description,  come  in  by  some  improvements 
real  or  pretended,  and  take  from  me  all  the  benefits  of  my  in¬ 
vention.”  The  government  assures  him  that  the  only  object 
and  legal  effect  of  his  description  will  be  to  enable  the  public  to 
use  his  art  after  his  patent  expires.  How  far  that  assurance 
has  been  verified  is  shown  by  the  open  use  of  his  invention 
on  thousands  of  miles  of  line,  in  bold  defiance  of  his  patented 
rights. 

It  takes  a  long  time  to  change  the  current  of  the  public 
mind  when  it  becomes  concentrated  in  one  deep  channel,  how¬ 
ever  devious  from  the  line  of  right.  You  might  as  well  attempt 
to  make  the  Mississippi  run  straight  by  throwing  pebbles,  into 
its  curves,  as  to  think  by  one  or  a  hundred  arguments  to  over¬ 
come  unjust  prejudices  and  opinions  impressed  on  the  public 
mind  by  the  precedents  of  ages.  In  no  portion  of  human  affairs 
is  this  fact  so  conspicuous  as  in  the  profession  of  law,  where¬ 
in  most  judges  believe  it  their  duty  to  think  just  as  their  pre¬ 
decessors  did,  and  it  is  the  pride  of  the  lawyer  that  he  is  able  to 
array  a  consecutive  file  of  precedents  extending  back  to  black- 
letter  age,  since  which  a  trifling  error  then  originating,  has,  by 
the  natural  effect  of  adding  precedent,  accumulated  like  the 
rolling  snow-ball,  until  it  has  become  an  enormous  wrong. 

We  need  not  enter  into  a  history  of  the  English  patent  laws 
which  are  the  ancestors  of  our  own.  It  is  sufficient  to  sav,  that 
the  granting  of  patents  for  new  inventions  and  for  monopolies 
in  trade  and  manufactures  were  in  ancient  times  a  royal  prero¬ 
gative  in  England,  and  there  was  no  recognized  distinction  be¬ 
tween  patents  for  old  things  and  for  new.  The  royal  preroga¬ 
tive  was  so  enormously  abused  as  to  create  a  general  abhorrence 
of  patents  of  every  sort,  and  the  judges  of  England  sought  every 
pretext  for  declaring  them  void.  At  length  they  were  all  swept 
away  with  a  few  exceptions,  by  an  act  of  parliament,  and  the 
prerogative  of  the  king  was  limited  to  grants  of  exclusive 
privileges  for  limited  terms  to  those  only  who  devised  or  in¬ 
troduced  some  new  manufacture,  useful  to  trade,  and  beneficial 
to  the  public. 

But  the  current  of  the  judicial  mind  in  England  had  long  been 
running  against  all  patents,  and  could  not  be  suddenly  changed. 
It  still  set  against  patents  for  new  inventions,  as  it  had  done 
against  the  old  monopolies  ;  and  when  the  specification  was  in¬ 
troduced,  it  was  immediately  perverted  from  its  true  object  and 
used  as  a  means  of  destroying  a  right,  the  protection  of  which 
was  the  sole  object  of  the  inventor  in  making  it  public.  Even 
now,  though  a  great  change  has  been  wrought  in  the  judicial 
mind  of  England  and  America,  the  odium  of  the  old  mono¬ 
polies  in  some  degree  attaches  to  patents,  and  something  in- 


THE  WINDS  AND  THE  CURRENTS,  ETC.  .  13 

eluded  in  the  specification  which  ought  to  have  been  omitted, 
or  something  omitted,  which  ought  to  have  been  included, 
though  that  instrument  enables  everybody  distinctly  to  under¬ 
stand  the  invention,  and  how  to  use  it,  is  seized  upon  as  a  pre¬ 
text  for  annulling  the  grant  altogether. 

These  are  hard  cases.  The  man’s  invention  is  his  own  ; 
the  government  buys  it  of  him  for  a  price,  and  on  a  condition. 
He  complies  with  the  condition  as  well  as  he  knows  how,  and 
under  B  the  instructions  of  officers  of  the  government  itself,  ap¬ 
pointed  to  advise  and  correct  him  if  there  be  anything  wrong  in 
his  papers.  But  some  error  is  discovered  by  an  astute  lawyer 
in  the  specification,  an  error  never  thought  of  by  him,  nor  sus¬ 
pected  in  the  Patent  Office,  and  his  patent  is  declared  void. 
The  protection  of  the  government  is  withdrawn  from  his  inven¬ 
tion,  but  his  property  is  not  restored.  It  is  gone  for  ever,  not 
from  any  fault  of  his,  but  because  two  public  authorities,  one  in 
the  Patent  Office,  the  other  in  the  courts,  differ  in  opinion  upon 
some  point  of  his  specification. 

We  trust  the  day  is  passed  when  pretexts  were  sought 
to  get  rid  of  these  contracts  between  government  and  citizen. 
Morse  comes  and  exhibits  the  result  of  his  invention — the  print¬ 
ing  of  telegraphic  characters  at  any  distances.  All  he  asks  is,  that 
protection  which  the  law  would  give  him  if  no  specification  of 
means  had  ever  been  required.  It  is  just  that,  and  nothing 
more,  which  he  has  attempted  to  secure  through  his  specifica¬ 
tion.  It  is  just  that,  and  nothing  less,  which  his  government  has 
promised  him.  It  is  protection  for  his  art — his  embodied  art, 
and  our  adversaries  admit  that  “without  doubt”  such  “an  art 
can  be  patented, — the  statute  says  so  expressly.” 


Art.  II.— GEOGRAPHY  OF  THE  ATLANTIC  OCEAN.* 

THE  WINDS  AND  THE  CURRENTS - TIDES  AND  THE  SEAS — DEPTH  OF  THE 

OCEAN — OCEAN  TELEGRAPH  PRACTICABLE. 

The  time  is  probably  not  far  distant  when  the  popular  will, 
no  less  than  the  enlightened  good  sense  of  the  statesmen  of  the 
country  will  settle  practically  how  far  the  government  of  the 
Union  may  be  permitted  “  to  provide  for  the  general  welfare,” 
by  the  encouragement  of  science.  Custom  in  such  matters, 
whence  no  further  usurpations  can  possibly  arise,  becomes 
•  almost  as  authoritative  as  a  constitutional  sanction  ;  and  unless 
we  greatly  misapprehend  the  character  of  the  American  people, 
few  will  be  disposed  to  blame  herein  a  leaning  to  the  liberal 


*  From  De  Bow’s  Review. 


14  .  shaffner’s  telegraph  companion. 

side.  The  temptation  to  aid  the  national  genius  in  the  acquisi¬ 
tion  of  those  unfading  laurels,  awarded  by  universal  consent  to 
the  successful  discoverer  of  what  is  truly  great  and  widely  use¬ 
ful  in  these  fields,  might  tempt  the  most  rigid  constructionist  to 
relax  here  his  rules,  and  admit,  if  possible,  an  exception  to  his 
political  creed.  The  fame  of  one  illustrious  philosopher,  one  of 
the  founders  of  American  independence,  is  already  blended  with 
the  history  of  human  thought  as  well  as  political  enfranchise¬ 
ment  ;  and  whether  the  spirit  in  which  he  pursued  knowledge, 
or  the  magnitude  of  his  additions  to  the  common  stock,  are  con¬ 
sidered,  it  must  be  admitted  that  his  example  still  modifies  all 
legitimate  inquiry  into  the  august  secrets  of  nature.  The  era 
of  Franklin  was  but  the  dawn  of  modern  science.  The  laws, 
the  modifications,  and  the  analogies  of  light,  heat,  chemical 
affinities,  and  electricity,  in  its  Protaean  forms,  were  then  just 
emerging  to  human  ken.  The  stone  tables,  on  which,  as  on  the 
leaves  of  a  book,  the  earth’s  history  are  imprinted,  were  at 
that  time  united  by  unbroken  seals.  Observation  had  not  yet 
accumulated  a  mass  of  records,  nor  been  sufficiently  extended 
to  trace  the  varying  intensities  of  the  great  powers  of  nature 
over  the  surface  of  the  earth,  and  thus  create  a  true  philosophic 
geography.  It  is  worthy  of  mention,  that  one  of  the  most  im¬ 
portant  features  of  our  planet  was  pointed  out  by  the  great 
Franklin,  and  that  he  traced  that  portion  of  the  ocean  stream 
which  rushes  past  our  shores,  and  bestows  on  Western  Europe 
its  genial  and  temperate  climate,  its  fertilizing  showers,  and 
abundant  harvests.  Since  that  period  there  have  been  travel¬ 
ers  like  Humboldt  and  Yon  Buch,  who  have  measured  moun¬ 
tains  and  gauged  streams,  watched  the  fires  of  the  volcano,  and 
explored  the  causes  of  those  powers  that  sweep  the  surface  or 
shake  the  depths  of  the  earth.  Every  year  the  number  of  ob¬ 
servers  is  increased  ;  the  circle  of  stations  at  which  these  inves¬ 
tigations  are  prosecuted  is  continually  widening;  while  com¬ 
merce,  allured  by  the  promises  of  greater  and  more  certain  gains, 
bids  fair  soon  to  be  pressed  into  the  zealous  service  of  science. 
Physical  geography,  the  most  attractive  of  the  departments  of 
the  study  of  Nature,  embracing  the  view  and  discussion  of  her 
phenomena  on  the  widest  field  that  man  can  grasp,  by  the  aid 
of  all  the  senses,  and  presenting  subjects  at  once  uniting  the 
enjoyments  of  the  imagination  and  the  reason,  and  gratifying 
the  passion  for  knowledge  and  the  desire  of  profit,  is  now  for 
the  first  time  possible.  The  various  meters ,  the  delicate  instru¬ 
ments  of  modern  research,  the  product  and  realization  in  art  of  ‘ 
scientific  progress,  are  now  in  the  hands  of  every  traveller.  He 
reads  off  their  scales  the  temperature  of  the  air,  the  earth,  and 
the  ocean,  the  heights  of  mountains,  the  quantity  of  moisture 
contained  in  the  air,  and  many  similar  relations  are  by  their 


15 


THE  WINDS  AND  THE  CURRENTS,'  ETC. 

means  accurately  ascertained  and  measured,  at  every  point 
whither  man  can  penetrate.  Governments  have  rivalled  each 
other  in  fitting  out  expeditions  for  research  and  exploration ; 
and  if  the  cultivation  of  the  sciences  under  the  direct  patronage 
of  our  own, -notwithstanding  such  precedents,  be  questioned,  as 
on  another  long  vexed  subject,  we  may  suppose  that  the  popular 
voice  will  incline  to  advance  this  cause,  whenever  it  can  be  done 
in  an  incidental  way. 

The  valuable  volume  of  “  Sailing  Directions,  by  Lieutenant 
Maury,”  is  but  among  the  first  fruits  of  what  we  may  reasonably 
expect  from  the  patriotic  and  liberal  character  of  the  officers 
of  the  navy  and  army.  The  younger  officers  are  now  as  a  class, 
admirably  qualified,  by  their  tastes  and  education,  to  second 
an}^  system  of  scientific  observation  that  may  be  adopted  by  the 
national  authority.  The  Coast  Survey  and  the  Naval  Observatory 
were  the  first  steps  made  in  this  direction  by  the  government, 
and  they  have  already  well  repaid  all  that  has  been  laid  out  in 
their  maintenance  and  prosecution.  The  equipment  and  mate¬ 
riel  of  the  Washington  Observatory  may  be  inferior  to  the  im¬ 
perial  endowments  of  Pultowa  or  Greenwich,  but  the  genius  and 
untiring  industry  of  its,  superintendent  has  already  given  it  a 
world  wide  celebrity.  When  the  exacting  and  ceaseless  duties 
of  his  station  are  considered,  it  is  astonishing  how  he  should 
have  accomplished  so  much  for  the  geography  of  commerce  and 
navigation,  as  may  be  inferred  from  the  articles  in  the  “  Sailing 
Directions,”  or  when  he  found  time  for  the  arrangement  and 
tabulation  of  the  observations  contained  in  thousands  of  log¬ 
books,  the  results  of  which  gigantic  labor  we  find  in  the  same 
volume.  We  propose  to  look  at  what  has  been  thus  accom¬ 
plished  by  Lieutenant  Maury  for  commercial  geography,  under 
the  three  heads :  first,  the  establishment  of  a  regular  system  of 
observation,  to  be  carried  out  by  the  various  national  and  com¬ 
mercial  marines  of  the  world  ;  second,  the  contributions  already 
made  to  science  by  the  materials  collected  under  the  direction, 
and  arranged  by  the  author ;  and  third,  the  practical  rules  and 
directions  which  are  therein  laid  down  for  the  guidance  of  the 
navigator,  with  the  results  already  obtained  by  following  them. 

These  undertakings  have  received  the  sanction  of  the  most 
distinguished  physicists  of  the  age,  among  them  the  illustrious 
Humboldt,  who,  in  writing  to  a  friend,  (Dr.  Flugal,  U.  S.  Con¬ 
sul  at  Leipzic,)  says, — 

“I  beg  you  to  express  to  Lieut.  Maury,  the  author  of  the 
beautiful  charts  of  the  winds  and  currents,  prepared  with  so 
much  care  and  profound  learning,  my  hearty  gratitude  and 
esteem.  It  is  a  great  undertaking,  equally  important  to  the 
practical  navigator,  and  for  the  advance  of  meteorology  in 
general.  It  has  been  viewed  in  this  light  in  Germany,  by  all 


16 


shaffner’s  telegraph  companion. 

persons  who  have  a  taste  for  physical  geography.  In  an  analo¬ 
gous  way,  anything  of  isothermal  countries,  (countries  of 
equal  annual  thermal  temperature,)  has  for  the  first  time,  be¬ 
come  really  fruitful.  Since  Dove  has  taught  us  the  isotherms 
of  the  several  months  chiefly  on  the  land — since  two-thirds  of 
the  atmosphere  rests  upon  the  sea — Maury’s  work  is  so  much 
the  more  welcome  and  valuable ;  because  it  includes  at  the  same 
time,  the  oceanic  currents,  the  course  of  the  winds,  and  the  tem¬ 
perature.” 

It  is  comparatively  easy  to  map  out  the  course  of  rivers  over 
the  land,  and  follow  them  from  the  glacier  of  the  mountains  to 
the  ocean  estuary,  through  their  channels.  This  is  but  the 
visible  half  of  the  ceaseless  circle  which  the  waters  make  over 
the  land.  A  far  more  difficult  task  it  is,  to  track  the  viewless 
winds,  and  weigh  the  watery  freights  they  carry  from  the 
ocean,  and  lay  down  so  lowly  and  gradually  in  the  fog,  the  dew, 
the  shower,  and  the  noiseless  snow ;  or  to  pursue  the  oceanic 
currents  that  feed  these  thefts  of  the  winds,  and  map  out  their 
path — 

Parietibus  textum  cascis  iter. 

The  solution  of  the  grand  problems  of  physical  science  con¬ 
nected  with  navigation  do  not  rest  there;  they  overflow  to 
other  branches  of  human  labor  and  interest.  Agriculture,  and 
the  health  and  happiness  of  mankind,  are  blended  with  the 
course  of  the  winds  and  the  distribution  of  heat  and  moisture. 
The  farmer  as  well  as  as  the  mariner,  looks  up  and  watches  the 
appearance  of  the  heavens ;  and  plentiful  crops  and  prosperous 
voyages  equally  depend  on  the  agencies  which  set  in  motion 
the  winds,  and  uplift  the  clouds  from  the  ocean.  The  beauty 
and  impressiveness  of  these  signs,  in  which  Nature  addresses 
Man,  render  them  worthy  of  the  poet.  Happy  he  who  can  read 
them  aright. 

The  Language  of  Nature. — •“  The  wind  and  rain,  the 
vapor  and  the  cloud,  the  tide,  the  current,  the  saltness,  and 
depth,  and  temperature,  and  color  of  the  sea,  the  shade  of  the 
sky,  the  temperature  of  the  air,  the  tint  and  shape  of  the  clouds, 
the  height  of  the  tree  on  the  shore,  the  size  of  the  leaves,  the 
brilliancy  of  the  flowers — each  and  all  may  be  regarded  as  the 
exponent  of  certain  physical  combinations,  and  therefore,  as  the 
expression  in  which  Nature  chooses  to  announce  her  own  mean¬ 
ing;  or,  if  we  please,  as  the  language  in  which  she  writes  down 
the  operation  of  her  own  laws.  To  understand  that  language, 
and  to  interpret  aright  those  laws,  is  the  object  of  the  under¬ 
taking  which  those  who  co-operate  with  me  have  in  hand.  INo 
fact  gathered  in  such  a  field  as  this,  therefore,  can  come  amiss  to 
those  who  tread  the  walks  of  inductive  philosophy  ;  for  in  the 


THE  WINDS  AND  THE  CURRENTS,  ETC. 


17 


hand-book  of  Nature,  every  such  fact  is  a  syllable  ;  and  it  is  by 
patiently  collecting  fact  after  fact,  and  by  joining  together  syllable 
after  syllable,  that  we  may  finally  seek  to  read  aright  from  the 
great  volume,  which  the  mariner  at  sea,  and  the  philosopher  on 
the  mountain,  see  spread  out  before  them. 

Among  the  friends  and  collaborators  of  Lieut.  Maury  may  be 
mentioned  Dr.  Buist,  a  distinguished  savant  of  India,  who  an¬ 
nounces,  in  the  transactions  of  the  Bombay  Geographical  So¬ 
ciety,  that  the  Assistant-Secretary,  Mr.  Macfarlane,  “  has  made 
considerable  progress  in  the  construction  of  wind  and  current 
charts,  founded  on  the  information  supplied  by  ships’  logs,  and 
on  the  principle  of  Lieut.  Maury.”  What  has  been  done  for  the 
Indian  and  the  Northern  Atlantic  Ocean  reveals  the  value  of  con¬ 
cert  of  observation  among  the  navigators  and  meteorologists  of 
the  world.  In  a  letter  to  Lieut.  Maury,  dated  17th  November, 
1851,  Dr.  Buist,  after  alluding  to  a  vast  mass  of  facts  collected 
by  observers  in  the  Indian  seas,  observes : — 

u  Three  years  since,  I  began  to  perceive  that  we  had  certain 
classes  of  storms  that  occurred  periodically,  not  only  all  over 
India,  but  all  over  the  regioji  to  which  my  information  extended, 
and  that  these  were  synchronous,  or  nearly  so.  I  then  began  a 
series  of  maps,  illustrative  of  the  matter.” 

A  system  of  stations  and  the  co-operation  of  navigators  is 
naturally  suggested  by  what  has  already  been  done.  It  must 
be  seen  that  a  true  science  of  meteorology  is  impossible  from 
local  observations.  We  may  watch  the  height  of  the  barometer, 
and  record  the  amount  of  moisture  in  the  air,  set  rain  gauges  for 
ever,  and  yet  be  merely  accumulating  facts  that  in  themselves 
have  no  significance.  The  relations  of  the  river,  the  rain,  and 
the  ocean,  are  not  local ;  they  belong  to  universal  geography, 
and  are,  literally, 

“  General,  as  the  casing  air,” 

the  atmosphere  which  forms  the  invisible  link  in  the  mighty 
orbit  of  the  waters  about  the  earth.  Nature  herself  seems  here 
to  refuse  to  be  evoked  by  the  efforts  of  the  individual  mind, 
and  demands  for  the  revelation  of  her  secrets  to  be  everywhere 
watched. 

Towards  the  end  of  the  year  1851,  the  idea  of  a  conference 
between  the  meteorologists  of  Russia  and  those  of  the  United 
States  was  suggested  by  Kupffer,  a  laborious  meteorologist  of 
the  former  country  ;  and  about  the  same  time  a  proposition  was 
made  by  the  British  Government  that  that  of  the  United  States 
should  co-operate  in  making  these  observations  at  certain  foreign 
stations,  and  according  to  instructions  prepared  by  General 
Burgoyne,  Inspector-General  of  Fortifications.  This  was  felt  to 

2 


18 


shaffner’s  telegraph  companion. 


be  an  auspicious  moment  to  secure  concert  of  action  among  me¬ 
teorologists  on  shore,  and  co-operation  among  navigators  at  sea 
everywhere ;  and  Lieut.  Maury  then,  in  reply  to  the  British  pro¬ 
position,  suggested  that  sea  and  land  should  be  included  as  the 
field,  and  that  a  general  conference  of  meteorologists  and  navi¬ 
gators  should  be  held  to  discuss  the  plans,  draw  up  the  forms, 
fix  the  standards,  and  select  the  instruments  to  be  employed  on 
this  grand  field  of  research. 

A  Universal  System  of  Observations. — The  basis  origi¬ 
nally  proposed  by  the  British  Government  to  that  of  the  United 
States,  is  contained  in  the  instructions  drawn  up  by  order  of  the 
Inspector- General  of  Fortifications,  Sir  John  Burgoyne,  the  cir¬ 
cular  letter  of  Lord  Palmerston  to  British  consuls,  and  that  of 
Lord  Glenelg  to  Colonial  Governors.  Nineteen  principal  sta¬ 
tions  in  the  colonies  of  Great  Britain  were  selected  as  the  points 
of  regular  record.  These  were  to  be  supplied  with  sets  of  in¬ 
struments  of  similar  construction.  Twenty  sets  were  to  be  sent 
to  India,  by  the  Board  of  Directors  of  the  East  India  Company, 
and  provision  made  of  the  same  character  for  observations  at 
Ascension,  Kio  de  Janeiro,  Callao  aijd  Valparaiso. 

The  circular  addressed  to  the  officers  of  the  government  of 
India,  desires  them — 

“  Upon  the  occurrence  of  any  hurricane,  gale,  or  other  storm 
of  more  violence  than  usual,  to  note  accurately  the  time  of  its 
commencement,  the  direction  from  which  the  wind  first  blows, 
whether  in  gusts  or  regular,  and  whether  accompanied  with 
rain,  thunder  and  lightning,  or  other  phenomena.  Also,  to  note, 
with  as  much  accuracy  as  possible,  the  changes  of  direction  in 
the  wind,  and  the  time  of  occurrence  of  each;  and  lastly,  the 
duration  of  the  gale,  and  in  what  quarter  the  wind  is  when  it 
ceases.  The  variations  of  the  thermometer  and  barometer  at 
each  period  noticed  will  also  be  of  importance,  if  the  means  are 
forthcoming  of  making  such  observations.” 

On  the  transmission  of  these  instructions  to  the  United  States 
government  for  the  purpose  of  securing  its  co-operation  in  the 
plan,  Lieut.  Maury  brought  forward  as  an  amendment  a  system 
of  universal  observation  on  sea  as  well  as  on  land,  and  securing 
the  assistance  of  the  commercial  marines  of  the  civilized  nations 
of  the  earth  in  carrying  out  its  details.  We  copy  the  following 
from  the  paper  of  Lieut.  Maury,  on  this  subject : 

“  The  importance  of  concert  among  meteorologists  all  over 
the  world,  and  of  co-operation  between  the  observer  on  the 
shore  and  the  navigator  at  sea,  so  that  any  meteorological  phe¬ 
nomenon  may  be  traced  throughout  its  cycle  both  by  sea  and 
land,  is  too  obvious  for  illustration,  too  palpable  to  be  made 
plainer  by  argument ;  and,  therefore,  the  proposition  for  a  gene¬ 
ral  conference  to  arrange  the  details  of  such  a  comprehensive 


THE  WINDS  AND  THE  CURRENTS,  ETC. 


19 


system  of  observations,  addresses  itself  to  every  friend  of  sci¬ 
ence  and  lover  of  the  useful  in  all  countries. 

“  The  domain  of  this  science  of  the  atmosphere  :  its  bounda¬ 
ries  embrace  the  land  and  cover  the  sea.  To  comprehend  the 
laws  which  govern  the  movements  of  a  machine  so  vast  as  it  is, 
requires  that  its  operations  should  be  observed  in  all  its  parts 
and  watched  from  all  points  at  the  same  time.  Its  motions  are 
freer  and  less  obstructed  over  the  water,  than  they  are  by  the 
land  and  across  the  mountains.  Indeed,  the  ocean  itself  may, 
in  one  sense,  be  regarded  as  a  grand  expression  of  meteorolo¬ 
gical  agencies  ;  therefore  the  good-will  and  friendly  co-opera¬ 
tion  of  private  ship-owners  and  masters,  in  all  maritime  coun¬ 
tries,  is  considered  of  great  importance  to  the  cause  in  hand.” 

The  proposition  for  a  universal  system  of  observation,  as 
suggested  by  Lieutenant  Maury,  was  soon  after  submitted  to 
the  Koyal  Society,  and,  so  far  as  an  extension  of  these  to  the  sea 
is  concerned,  it  received  a  warm  approval.  The  report  adopted 
by  the  society  recommends  that  instructions  similar  to  those 
given  to  American  shipmasters,  according  to  the  scheme  sub¬ 
mitted  by  Lieutenant  Maury  to  the  Bureau  of  Ordnance  and 
Hydrography  in  1842,  be  given  “  to  every  ship  that  sails  ”  from 
British  ports,  with  a  request  to  transmit  the  results  of  them  to 
the  Hydrographer’s  Office  of  the  Admiralty.  The  labors  of  the 
two  greatest  naval  and  commercial  nations  of  the  world,  it  is 
hoped,  may  be  thus  united  in  promoting  the  interest  of  navi¬ 
gation. 

The  additions  that  have  been  made  to  geographical  science 
since  American  shipmasters  have  been  engaged,  under  the  guid¬ 
ance  of  Lieutenant  Maury,  in  the  business  of  watching  and 
recording  the  course  of  the  winds,  the  clouds,  and  the  currents, 
have  not  been  few  or  unimportant.  The  power  of  such  disco¬ 
veries  in  changing  the  course  of  trade  is  well  illustrated  by  the 
influence  of  the  Gulf  Stream  on  the  trade  of  Charleston.  |  During 
the  colonial  times,  the  course  of  trade  was  to  make  that  port  the 
half-way  house  for  vessels  bound  from  England  to  the  northern 
ports.  If  driven  off  the  coast  during  the  winter  by  gales  and 
snow  storms,  they  returned  to  Charleston,  and  there  remained 
until  spring.  When  Dr.  Franklin  taught  the  mariner  to  know 
when  he  crossed  the  banks  of  this  ocean  river,  by  dipping  a 
thermometer  into  the  water,  it  was,  to  use  the  graphic  words  of 
the  navigators,  as  if  blue  and  red  lines  were  drawn  on  the  ocean. 
This  discovery  shortened  the  passage  to  the  west  from  sixty  to 
thirty  days.  It  changed  the  course  of  trade.  Vessels,  instead  of 
running  to  Charleston  to  avoid  a  snow-storm,  now  stood  off 
for  a  few  hours,  thawed  out  the  ship  and  her  crew  in  the  warmth 
of  the  Gulf,  and  were  ready  for  another  attempt  to  make  their 
port. 


20  -  shaffner’s  telegraph  companion 

I 

The  view  of  the  general  circulation  in  the  atmosphere,  as 
traced  by  the  investigations  of  Lieutenant  Maury,  is  of  the 
highest  interest.  The  trade  winds  of  the  tropical  seas  have 
long  been  known,  and  form  two  links  in  the  circuit  of  the 
winds  around  the  earth.  The  ocean  scenery  of  the  region  of 
the  trades  is  among  the  most  beautiful  to  the  thoughts  and  the 
senses  that  can  be  conceived.  The  machinery  of  nature  aiding 
so  palpably  the  objects  of  man,  and  uniting  lands  divided  so 
widely  by  the  ocean;  the  canopy  of  flying  clouds;  the  fresh 
and  exhilarating  breeze  blowing  day  and  night  in  one  direction; 
the  charming  temperature  and  the  moderate  swell  of  the  waves, 
make  it  the  elysium  of  the  mariner.  The  gentle  spirit  of  the 
earth  seems  to  be  there  bodily  present ;  and  the  picture  of  a  fleet 
hanging  in  the  clouds,  always  an  impressive  object,  becomes 
exquisitely  poetic  in  its  associations,  when — 

They  on  the  trading  flood, 

Through  the  wide  Ethiopian  to  the  Cape, 

Ply  stemming  nightly  towards  the  pole. 

These  trade  winds  are  the  great  evaporating  winds  of  the 
ocean ;  and,  as  we  learn  from  the  investigations  of  Lieutenant 
Maury,  the  belt  of  the  S.  E.  trades  in  the  South  Atlantic  is  not 
only  more  extensive  than  theN.  E.  trades  in  the  South  Atlantic, 
but  the  winds  themselves  are  fresher  in  the  south.  The  very 
natural  conclusion  is,  that  the  increased  water  thus  taken  up 
goes  to  feed  in  part  the  rivers  of  the  northern  hemisphere.  At 
the  equator  these  surface  winds  meet,  and  form  a  belt  of  calms, 
a  node  of  upward  winds,  the  northeast  trade  wind  becoming  a 
northwest  upper  current,  and  the  southeast  trade  a  southwest 
wind  in  the  upper  regions  of  the  atmosphere  overlying  the 
north  torrid  zone.  At  the  tropics,  two  other  nodes  of  calms  and 
of  downward  currents  are  met,  with  the  two  descending  nodes 
of  the  orbit  of  the  winds.  The  prevailing  surface  winds  should 
now  blow  in  spirals  from  the  southwest  towards  the  north  pole, 
and  in  similar  spirals  from  the  northwest  towards  the  south  pole. 
At  the  poles  the  upward  current  produces  another  region  of 
calms,  whence  the  winds  begin  from  north  and  south  other  revo* 
lutions  towards  the  equator.  And  this  system  of  winds  is  the 
source  of 

The  Raixs. — “  To  evaporate  water  enough  annually  from 
the  ocean  to  cover  the  earth,  on  the  average,  five  feet  deep,  with 
rain  ;  to  transport  it  from  one  zone  to  another,  and  to  precipitate 
it  in  the  right  places,  at  suitable  times,  and  in  the  proportions 
due,  is  the  office  of  the  grand  atmospherical  machine.  This 
water  is  evaporated  principally  from  the  torrid  zone.  Supposing 
it  all  to  come  thence,  we  shall  have,  encircling  the  earth,  a  belt 
of  ocean  3,000  miles  in  breadth,  from  which  this  atmosphere 


21 


THE  WINDS  AND  TIIE  CURRENTS,  ETC. 

evaporates  a  layer  of  water  annually  16  feet  in  depth.  And  to 
hoist  up  as  high  as  the  clouds,  and  lower  down  again,  all  the 
water  in  a  lake  16  feet  deep,  and  3,000  miles  broad,  and  24,000 
long,  is  the  yearly  businesss  of  this  invisible  machinery.  What 
a  powerful  engine  is  the  atmosphere ! 

“  In  some  parts  of  the  earth  the  precipitation  is  greater  than 
the  evaporation ;  thus,  the  amount  of  water  borne  down  by 
every  river  that  runs  into  the  sea  may  be  considered  as  the  ex 
cess  of  the  precipitation  over  the  evaporation  that  takes  place  in 
the  valley  drained  by  that  river.  In  other  parts  of  the  earth 
the  evaporation  and  precipitation  are  exactly  equal,  as  in  those 
inland  basins  such  as  that  in  which  the  city  of  Mexico,  Lake 
Titicaca,  the  Caspian  Sea,  etc.,  etc.,  are  situated ;  which  basins 
have  no  ocean  drainage.  If  more  rain  fell  in  the  valley  of  the 
Caspian  than  is  evaporated  from  it,  that  sea  would  finally  get 
full  and  overflow  the  whole  of  that  great  basin.  If  less  fell  than 
is  evaporated  from  it  again,  then  that  sea,  in  the  course  of  time, 
would  dry  up,  and  plants  and  animals  would  all  perish  there  for 
the  want  of  water.  In  the  sheets  of  water  which  we  find  dis¬ 
tributed  over  that  and  every  other  inhabitable  inland  basin,  we 
see  reservoirs  or  evaporating  surfaces  just  sufficient  for  the  sup¬ 
ply  of  that  degree  of  moisture  which  is  best  adapted  to  the  well¬ 
being  of  the  plants  and  animals  that  people  such  basins.  In 
other  parts  of  the  earth  still,  we  find  places,  as  the  Desert  of 
Sahara,  in  which  neither  evaporation  nor  precipitation  takes  place, 
and  in  which  we  find  neither  plant  nor  animal. 

“  In  contemplating  the  system  of  terrestrial  adaptations,  these 
researches  have  taught  me  to  regard  the  great  deserts  of  the 
earth  as  the  astronomer  does  the  counterpoises  to  his  telescope 
— though  they  be  mere  dead  weights,  they  are,  nevertheless, 
necessary  to  make  the  balance  complete,  the  adjustments  of  this 
machine  perfect.  These  counterpoises  give  ease  to  the  motions, 
stability  to  the  performance,  and  accuracy  to  the  workings  of  the 
instrument.  They  are  compensations .” 

A  strong  corroboration  of  the  hypothesis  that  the  south¬ 
eastern  trades  are  deflected  into  the  upper  regions  of  the  atmos¬ 
phere,  is  the  fact  that  the  occasional  showers  of  dust  to  be  met 
with  in  the  Atlantic  not  far  from  the  belt  of  calms  of  Cancer, 
and  in  the  neighborhood  of  the  Cape  de  Yerd  Islands,  and  some¬ 
times  extending  to  the  northern  coasts  of  the  Mediterranean, 
contain  the  remains  of  infusoria,  whose  habitat  is  not  Africa,  but 
South  America,  and  the  southeast  trade-wind  region  of  South 
America.  These  remains  cause  the  red  fogs  and  sea-dust  of  the 
North  Atlantic,  the  Cape  de  Yerd  Islands,  and  the  dust- winds 
of  southwestern  Europe. 

The  Equatorial  Cloud-Ring. — The  graphic  essay  on  the 
above  subject,  by  Lieut.  Maury,  is  well  known  ;  it  forms  part  of 


22  shaffner’s  telegraph  companion. 

his  theory  of  the  circulation  of  the  atmosphere,  and  the  follow- 
ing  is  his  explanation  of  its  formation : 

“  In  a  clear  day  at  the  equator,  this  cloud-ring  having  slid  to 
the  north  or  south  with  the  calm  belt,  the  rays  of  the  sun  pour 
down  upon  the  crust  of  the  earth,  and  raise  its  temperature  to 
a  scorching  heat.  The  atmosphere  dances  above  it,  and  the  air 
is  seen  trembling  in  ascending  and  descending  columns  with 
busy  eagerness  to  conduct  the  heat  off,  and  deliver  it  to  the 
regions  aloft,  where  it  is  required  to  give  momentum  to  the  air 
in  its  general  channels  of  circulation.  The  dry  season  con¬ 
tinues  ;  the  sun  is  vertical  ;  and  finally  the  earth  becomes 
parched  and  dry ;  the  heat  accumulates  faster  than  the  air  can 
carry  it  away;  the  plants  begin  to  wither,  and  the  animals  to 
perish.  Then  comes  the  mitigating  cloud-ring.  The  burning 
rays  of  the  sun  are  intercepted  by  it.  The  place  for  the  absorp¬ 
tion  and  reflection,  and  the  delivery  to  the  atmosphere  of  the 
solar  heat,  is  changed ;  it  is  transferred  from  the  upper  surface 
of  the  earth  to  the  upper  surface  of  the  clouds. 

“Radiation  from  the  land  and  the  sea  below  the  cloud-belt  is 
thus  interrupted,  and  the  excess  of  heat  in  the  earth  is  delivered 
to  the  air,  and  by  absorption  carried  up  to  the  clouds,  and  there 
delivered  to  their  vapors  to  prevent  excess  of  precipitation. 

“In  the  meantime,  the  trade  winds  north  and  south  are  pour¬ 
ing  into  this  cloud-covered  receiver,  as  the  calm  and  rain-belt 
of  the  equator  may  be  called,  fresh  supplies  in  the  shape  of 
ceaseless  volumes  of  heated  hair  loaded  to  saturation  with  vapor, 
which  has  to  rise  above  and  get  clear  of  the  clouds  before  it  can 
commence  the  process  of  cooling  by  radiation.  In  the  mean¬ 
time,  also,  the  vapors  which  the  trade  winds  bring  from  the 
north  and  the  south,  expanding  and  growing  cooler  as  they 
ascend,  are  being  condensed  on  the  lower  side  of  the  cloud  stra¬ 
tum,  and  their  latent  heat  is  set  free  to  check  precipitation  and 
prevent  a  flood. 

“  While  this  process  and  these  operations  are  going  on  on  the 
nether  side  of  the  cloud-ring,  one  not  less  important  is  going  on 
on  the  upper  side.  There,  from  sunrise  to  sunset,  the  rays  of  the 
sun  are  pouring  down  without  intermission.  Every  day,  and 
all  day  long,  they  operate  with  ceaseless  activity  upon  the  upper 
surface  of  the  cloud  stratum.  When  they  become  too  powerful, 
and  convey  more  heat  to  the  cloud  vapors  than  the  cloud  vapors 
can  reflect  and  give  off  to  the  air  above  them,  then  with  a 
beautiful  elasticity  of  character,  the  clouds  absorb  the  surplus 
heat.  They  melt  away,  become  invisible,  and  retain,  in  a 
latent  and  harmless  state,  until  it  is  wanted  at  some  other  place 
and  on  some  other  occasion,  the  heat  thus  imparted.” 

The  Geological  Agency  of  the  Winds. — The  geological 
relations  between  the  wind,  the  land,  and  the  water,  are  shown 


THE  WINDS  AND  THE  CURRENTS,  ETC.  23 

to  have  an  intimate  connection  with  the  fertility  and  habitable 
quality  of  each  region.  The  largest  portion  of  the  surface  swept 
by  the  southeastern  trades  is  water ;  but  those  regions  which  lie 
to  the  northeast  of  South  America  and  Africa,  in  the  northern 
hemisphere,  are  deserts,  and  were  it  not  for  the  inland  seas  of 
Europe  and  Asia,  these  regions  would  be  still  more  extensive. 
In  like  manner,  Australia  occupies  in  the  southern  hemisphere 
a  position  opposite  to  the  continent  of  Asia,  and,  being  swept  by 
winds  borne  over  a  vast  extent  of  land,  while  in  contact  with 
the  surface,  is  found  to  be  mostly  a  desert.  If  this  contental 
mass  were  removed  so  as  to  occupy  the  space  in  the  South 
Pacific  swept  by  the  southeast  trades,  which  blow  as  southwest 
winds  over  the  basins  of  the  great  rivers  and  lakes  of  North 
America,  the  channel  of  the  Mississippi  would  resemble  that  of 
the  Australian  rivers,  and  present  a  dry  and  dusty  trough  in 
the  midst  of  a  desert,  the  great  lakes  would  be  drained,  and 
Niagara  no  longer  resound  with  the  whirl  of  its  world  of  waters. 
If  ever  there  was  a  time  when  the  Andes  and  the  Continent  of 
South  America  were  submerged,  then  the  ancient  winds  that 
fell  on  the  region  of  Central  Asia,  and  the  basins  of  the  Caspian 
and  Aral,  were  swelled  with  the  waters  that  now  are  discharged, 
in  part,  by  the  Amazon  and  Orinoco  into  the  ocean,  and  those 
seas  were  united,  forming  a  Mediterranean  of  vast  extent,  and 
probably  discharging  its  waters  by  an  estuary  more  magnificent 
than  the  St.  Lawrence.  According  to  the  circulatory  scheme  of 
the  atmosphere,  the  winds  that  play  over  the  torrid  zone  of  one 
hemisphere  become  the  surface  winds  of  the  temperate  zone  of 
the  other  hemisphere.  Fill  up  the  south  torrid  zone,  the  region 
of  the  southeast  trades,  with  land,  and  the  north  temperate  zone 
would  become  one  vast  Sahara.  Such,  in  brief,  is  the  aspect  of 
the  dry  season  in  the  geological  cycle,  happily  not  co-existing 
with  man’s  possession  of  the  planet. 

“The  Saltness  of  the  Sea,”  is  the  title  of  another  of  the  series 
of  interesting  papers  contained  in  the  present  volume.  We  are 
unable  to  do  more  than  to  state  that  it  is  to  this  quality,  in  con¬ 
nection  with  the  evaporation  caused  by  heat  and  the  passage  of 
the  winds  over  the  water,  that  the  currents  of  the  ocean  owe 
their  extent  and  depth.  By  these  agencies,  a  general  circula¬ 
tion  of  the  waters  of  the  sea  is  maintained ;  and  so  complete  is 
it,  that  the  per  centage  of  its  salt  is  found  to  be  nearly  the  same  in 
every  part  of  the  globe. 

Following  the  discussion  of  a  general  circulation  of  the  waters 
through  the  entire  ocean,  is  the  argument  so  intimately  con¬ 
nected  with  it,  and  now  so  deeply  interesting  both  to  philan- 
throphy  and  science,  that  a  permanently  open  sea  exists  in  the 
Arctic  basin.  The  study  of  the  currents  of  the  ocean  have  led 
Lieut.  Maury  strongly  to  the  conclusion,  that  the  pole  is  sur- 


I 


24  shaffner’s  TELEGRAPH  COMPANION". 


rounded  by  this  sea  instead  of  being  piled  by  everlasting  bar¬ 
riers  of  thick-ribbed  ice.  The  report  of  Lieut.  De  Haven,  the 
commander  of  the  Grrinnell  Expedition,  the  first  of  the  noble 
enterprises  set  on  foot  from  the  United  States  to  aid  in  the  dis¬ 
covery  and  rescue  of  the  lost  ships. of  Sir  John  Franklin,  follows ; 
and  in  the  midst  of  the  dangers  of  the  dreary  cruise  during  the 
long  nights  of  those  two  polar  winters,  a  ray  of  hope,  faint 
though  it  be,  hangs  over  the  track  of  the  intrepid  Kane,  who 
has  dared  again  the  perils  of  the  Arctic  Sea,  at  the  joint  com¬ 
mand  of  humanity  and  national  glory. 

Deep  Sea  Soundings. — To  determine  the  depth  of  the  ocean, 
and  approximately  the  outline  of  its  abysses  and  shallows,  will 
furnish  data  of  the  utmost  value  in  completing  the  theory  of  the 
tides.  We  believe  that  American  officers  have  been  the  fore¬ 
most,  and,  with  a  few  exceptions,  the  only  investigators  in  this 
problem.  Already  they  have  contributed  euough  to  make  out 
a  chart  of  the  bottom  of  the  Atlantic,  which  gives  a  general  idea 
of  the  slopes  and  hollow's  of  that  ocean  valley,  and  its  trans¬ 
verse  branches,  the  Caribbean  Sea  and  the  Gulf  of  Mexico. 
The  first  cruise  of  the  “Fanny,”  the  schooner  despatched  on 
this  service  of  making  these’ explorations,  cleared  up  all  doubts 
as  to  the  non-existence  of  certain  fancied  rocks  and  shoals  wdiich 
had  been  long  enough  bugbears  to  navigators.  The  following 
is  the  list  of  rocks  found  to  be  purely  imaginary  during  the  cruise. 


Latitude  North.  Longitude  West. 


Ashton  Rock . 

.  33o 

50' . 

.  71° 

40' 

False  Bermudas . 

.  32 

30  . 

.  58 

40 

Nye’s  Rock . 

.  31 

15  . 

.  55 

50 

Van  Keulen  s  Vi<da . . 

.  31 

40  . 

.  38 

20 

o 

Joryna  Rock . 

.  31 

40  . 

.  23 

45 

Steen  Ground . 

.  32 

30  . 

.  21 

15 

Mary’s  Rock . 

.  19 

45  . 

.  20 

45 

Lieut.  Berryman,  in  the  United  States  brig  “Dolphin,”  re¬ 
ports,  in  1858,  that  nothing  has  been  found  at  the  places  indi¬ 
cated  : 


Latitude  North. 

Eight  Stones .  34°  22'  ... 

Jean  Hatnmond’s  Rock .  36  56  ... 

Haugault’s  Rock .  40  58  . . , 

Daraile’s  Rock .  40  52 

Haugault’s  Breakers .  41  7  ... 

35  Fathom  Shoal .  42  32  , 

- Rock .  30  50  ... 


Longitude  West. 
...  16°  40' 
...19  50 

...48  40 
...  54  42 
...49  23 
...45  17 

...27  19 


At  some  of  these  localities  soundings  were  taken,  with  depths 
of  from  2,200  to  4,600  fathoms.  The  greatest  depth  sounded  in 
the  Taney  was  in  latitude  81°  59'  north,  long.  58°  43'  west,  on 
the  loth  November,  1849,  when  5,700  fathoms  of  wire  were  let 
out  without  reaching  the  bottom.  The  form  of  the  deepest  portion 
of  the  North  Atlantic  is  that  of  a  y ,  lying  northwest  and  southeast^ 


25 


THE  WINDS  AND  THE  CURRENTS,  ETC. 

the  two  divisions  being  in  the  former  direction,  and  stretching 
from  20°  to  40°  north  latitude,  and  from  40°  to  60°  west  long. 
Just  on  the  verge  of  one  of  the  divisions  of  the  y ,  the  Bermu¬ 
das  rise  from  the  sea,  forming  apparently  a  peak  mostly  sub¬ 
merged,  of  nearly  six  miles  in  height.  The  y  form  is  preserved 
in  the  next  higher  shelf  of  the  bottom,  only  the  tail  is  prolonged, 
forming  a  long  trough  between  the  two  continents  of  South 
America  and  Africa.  Two  lines  of  soundings  have  recently 
been  run  across  the  Atlantic  by  Lieut.  Berryman,  in  the  Dol¬ 
phin  ;  they  confirm  the  supposition,  that  the  depth  of  the  North 
Atlantic  is  nowhere  greater  than  5,000  fathoms.  No  little  prac¬ 
tical  difficulty  is  experienced  in  sounding  these  depths,  and  the 
best  check,  in  fact  it  is  indispensable,  to  observe  the  rate  at 
which  the  wire  or  twine  is  delivered  from  the  reel.  Without 
this  precaution,  currents  and  counter-currents  may  operate  on  the 
line  long  after  the  plummet  is  on  the  bottom.  The  following  is 
a  series  of  deep  sea  soundings  recently  made  from  the  brig  Dol¬ 
phin,  Lieut.  O.  H.  Berryman,  and  extracted  from  a  letter  of  our 
author.  It  will  be  seen  that  it  exhibits  the  profile  of  two  lines 
carried  across  the  North  Atlantic. 


Date. 
Oct.  4, 

1852 . 

DEPTHS  OF 

Lat.  N. 

D.  M,  S. 

...  39  39  00. 

THE  OCEAN. 

Long.  W. 

D.  M.  S. 

. 70  30  00.. . 

Depth  in 

Fathoms. 

“  7 

It 

...  41  12  00. 

. 62  38  00..  . 

“  9 

«4 

...  41  40  00 

_ 59  23  00. . . 

...2*600  “ 

“  10 

(i 

. . .  41  40  00. 

. 56  01  00. . . 

...2,595  “ 

“  11 

li 

...  40  36  00 . 

_  54  18  30. . . 

...3,450  “ 

“  20 

U 

...  41  07  00. 

. 49  23  15.. . 

. . .  4,580  “ 

“  24 

tt 

...  43  40  00 . 

. 42  55  00 . . . 

...2,700  “ 

“  25 

tt 

44  41  07. 

.  40  16  00  . 

1*800  “ 

“  26 

tt 

. . .  33  08  00. 

. 16  10  00. . . 

.  .  .2,950  no  bottom. 

Jan.  3, 

1853 . 

...  34  15  00. 

. 16  45  00.. . 

“  9 

tt 

...  36  49  00. 

. 19  53  45.. . 

...2,950  “ 

“  9 

tt 

...  36  59  00 . 

. 19  58  00  . 

.  2,500  “ 

“  29 

tt 

. . .  30  49  00. 

. 27  25  00  . 

_  2,200  no  bottom. 

“  30 

<( 

...  30  45  00  . 

. 27  31  00  . 

_  2,480  bottom. 

Feb.  3 

tt 

...  27  05  00. 

. 28  20  26 . . . 

. .  1,700  « 

“  4 

tt 

. . .  29  21  00. 

. 30  48  00  . 

...2,580  “ 

“  5 

tt 

. . .  31  17  00. 

2,400  “ 

“  6 

tt 

•  •  •  •  ■  ■  ■  ■  •  . 

. . .  28  55  00 . 

. 35  49  00.. . 

“  8 

tt 

. . .  29  13  30. 

. 41  20  50.  . 

.  .  2,270  bottom. 

“  9 

tt 

. . .  31  16  00. 

. 43  28  00  . 

...2,089  “ 

“  10 

4  t 

...  33  01  00. 

. 44  31  00.. . 

...  2^250  “ 

“  11 

tt 

. . .  32  29  00. 

. 47  02  00. . . 

..  1 ,950  no  bottom. 

“  12 

tt 

. . .  32  55  00. 

. 47  58  00. . . 

. .  .6,600  doubtful. 

“  13 

it 

. . .  33  03  00. 

. 48  36  00  . 

_  3,550  bottom, 

“  15 

(t 

. . .  32  47  00. 

. 50  00  00  . 

^  3,240  no  bottom. 

“  20 

<t 

. . .  28  59  00. 

. 57  51  00  . 

1,380  bottom. 

“  22 

tt 

. . .  28  20  00 . 

. 59  44  00 

. . .  2,900  doubtful. 

“  23 

tt 

...  28  04  00  . 

. 61  44  00  . 

_  3,000  bottom. 

“  24 

tt 

...  28  23  00 . 

... .64  17  00  . 

,  2,518  “ 

“  25 

tt 

.  . .  27  42  36 . . 

_ 66  11  15  .  .  . 

1,000  no  bottom. 

“  26 

tt 

. . .  26  49  00. 

. 66  54  00.. . 

. .  .  2,720  bottom. 

“  28 

«( 

. 69  24  00.. . 

...2,950  “ 

26 


shaffner’s  telegraph  companion. 

The  Charts. — A  series  of  charts  has  been  compiled  from  the 
observations  made  by  the  numerous  intelligent  navigators  en¬ 
gaged  in  the  scientific  enterprise  set  on  foot  by  Lieut.  Maury. 
The  pilot  chart  is  derived  from  these  results.  The  ocean  is 
divided  into  square  districts,  of  five  degrees  in  length  on  each 
side.  The  winds  for  each  month  in  each  district  are  then  col¬ 
lated,  and  it  is  hence  easy,  knowing  the  prevailing  set  of  the 
winds  for  each  month,  to  decide  upon  the  probability  of  finding 
in  each  district  a  favorable  wind.  The  problem  then  assimilates 
to  that  of  the  engineer  who  is  called  on  to  make  detours  to 
avoid  mountain  masses  in  fixing  on  the  best  line  for  a  road  on 
land. 

The  thermal  charts  are  of  no  little  scientific  import,  and  from 
them  we  learn  the  office  of  the  ocean  in  ameliorating  the  climates 
of  the  earth. 

The  chart  of  the  trade-winds  embodies  the  results  of  the  ob¬ 
servations  made  on  these  winds.  One  remarkable  discovery  has 
been  made,  and  it  is  that  the  southeast  trade  region  is  wider  than 
that  of  the  northeastern  trade  in  both  oceans.  The  average  line 
of  division  is  about  9Q  north  of  the  equator. 

Ocean  Telegraph. — The  soundings  reported  in  the  preceding  table  estab¬ 
lishes,  beyond  doubt,  the  practicability  of  laying  a  submarine  electric  cable 
on  the  bottom  of  the  ocean. — Ed. 


THE  ELECTRIC  TELEGRAPH. 

Speak  the  word,  and  think  the  thought, 
Quick  ’tis  as  with  lightning  caught, 

Over — under — lands  or  seas, 

To  the  far  Antipodes. 

Now  o’er  cities  throng’d  with  men, 

Forest  now  or  lonely  glen  ; 

Now  where  busy  Commerce  broods, 

Now  in  wildest  solitudes  ; 

Now  where  Christian  temples  stand, 

Now  far  in  Pagan  land  ! 

Here  again  as  soon  as  gone, 

Making  all  the  earth  as  one. 

Boston  speaks  at  twelve  o’clock, 

St.  Louis  reads  ere  noon  the  shock  ; 

Seems  it  not  a  feat  sublime — 

Intellect  hath  conquer’d  Time  ! 

Sing  who  will  of  Orphean  lyre 
Ours  the  wonder  working  wire  ! 


SUBTERRANEAN  TELEGRAPH. 


27 


Art.  HI.— SUBTERRANEAN  TELEGRAPH, 

AS  compared  with  wires  in  the  air. 


Owing  to  the  difficulties  experienced  in  working  wires  on 
poles,  or  in  the  air,  on  account  of  atmospheric  electricity,  the 
minds  of  many  are,  at  present,  fixed  upon  a  thousand  plans  to 
remedy  the  evils,  and  among  these  diversified  speculations  is  a 
subterranean  telegraph.  At  present  we  are  unwilling  to  say 
but  little  upon  the  subject,  knowing  serious  objections  to  any 
and  all  modes  proposed ;  and  as  to  that,  which  is  surrounded 
with  the  least  evil,  we  are  unable  to  determine,  except  upon 
questionable  theories. 

An  English  writer  thus  refers  to  the  subject,  although  we  be¬ 
lieve  there  are  some  subterranean  telegraphs  in  France. 

“It  may  be  said  that  much  of  the  alleged  damage  likely  to 
ensue  from  the  action  of  natural  currents  of  electricity  passing 
through  the  atmosphere,  would  be  obviated  by  the  use  of  wires 
buried  in  the  earth ;  but  when  it  is  found  in  the  case  of  even 
a  single  line  of  telegraph  in  Prussia,  that  mo  re  than  one  hun¬ 
dred  miles  of  wire  which  were  buried  in  the  earth — owing  to 
their  defective  insulation,  and  the  difficulty  experienced,  and 
the  time  occupied  in  detecting  the  exact  position  of  those  de¬ 
fects,  and  in  remedying  the  defects  when  discovered — have  been 
abandoned,  and  the  wires  suspended  on  posts  in  their  stead,  the 
employment  of  subterranean  wires  for  the  sake  merely  of  les¬ 
sening  the  effects  of  atmospheric  electricity  cannot  be  recom¬ 
mended. 

“  And  again,  when  we  call  to  mind  the  great  additional  expense 
that  must  be  incurred  at  the  first  outset,  and  the  great  difficulty 
and  expense  that  must  be  encountered  afterwards  in  submerging 
additional  wires ,  when  the  increasing  wants  of  trade  demand 
such  additions,  it  would  appear  unwise,  in  the  present  unsatis¬ 
factory  evidence  on  the  subject,  to  pursue  very  extensively  the 
plan  of  burying  the  wires  in  the  earth,  in  preference  to  their 
suspension  in  the  air,  unless  money  were  of  little  or  no  impor¬ 
tance,  and  the  best  possible  insulation  was  demanded,  whate¬ 
ver  might  be  the  cost.” 

We  may  be  too  fastidious  in  our  views  as  to  the  practicability 
of  a  subterranean  telegraph ;  but  until  there  is  more  evidence 
upon  the  subject,  and  the  plan  thoroughly  tested,  we  cannot 
refrain  from  entertaining  a  doubt  as  to  the  general  feasibility, 
unless  at  a  very  great  expense,  and  even  then  its  economy  is 
very  questionable  in  America. 


23 


shaffner’s  telegraph  companion. 

Our  lines  are  very  lengthy,  and  extend  over  lowlands  and 
uplands,  mountains  and  valleys,  plains  and  swamps,  spreading 
over  every  species  of  formation  common  to  the  earth.  Through 
many  sections  of  America,  the  expense  of  a  subterranean  sys¬ 
tem  would  be  very  great,  and  in  fact  so  large,  that  the  prospect¬ 
ive  income  of  many,  if  not  all  the  lines,  would  never  be  com¬ 
mensurate  with  the  hopes  and  wants  of  investing  capitalists. 

Extend  our  commerce  to  the  port  of  Singapore ;  laden  our 
ships  with  the  natural  products  of  Borneo,  Malacca,  and  other 
islands  of  the  Eastern  Archipelago ;  admit  them  free  of  duty  ; 
open  for  competition  the  manufacture  of  gutta  percha  insula¬ 
tion  ;  and  then,  and  not  until  then,  need  we  contemplate  the 
beauties  of  a  Telegraph  Line,  freed  from  the  annoying  hindran¬ 
ces  of  atmospheric  electricity,  particularly  in  the  South  and 
West,  where  Autumn  is  frequent  in  the  production  of  the  most 
gorgeous  aurora  borealis.  T.  P.  S. 


GALVANIZED  IRON. 

We  have  seen,  within  the  last  half  century,  the  most  surpris* 
ing  changes  in  the  condition  of  human  affairs,  brought  about  by 
the  scientific  application  of  established  principles  to  practical 
uses.  Not  but  that  noble  buildings,  and  beautiful  statuary,  and 
magnificent  bridges,  remain  as  monuments  of  the  past ;  but 
it  was  not  for  antiquity  to  invent  steamboats,  or  railways,  or 
the  Napier  press,  or  the  magnetic  telegraph,  or  to  equal  even  in 
architecture  some  of  the  splendid  edifices  which  mark  the  pro¬ 
gress  of  our  age. 

Magnetism,  supposed  to  have  but  one  power,  and  that  a 
directive  one, — to  have  but  one  practical  use,  that  by  which  the 
navigator  steers  his  bark  in  safety, — is  now  applied  in  the  re¬ 
duction  of  ores,  and  in  the  lifting  of  weights,  and  the  writing  of 
words,  and  by  its  ready  obedience  to  a  newly-discovered  law, 
becomes  the  trusty  amanuensis  of  the  telegraphic  conductor. 

Galvanism,  allied  to  electricity  and  magnetism,  having  the 
characteristics  of  both,  with  effects  dissimilar,  has  also  given  its 
aid,  under  the  direction  of  science,  and  we  have  its  singular 
cements  flowing  through  the  vats  of  the  laboratory,  to  form  new 
metallic  combinations ,  and  to  give  strength,  durability ,  and  beauty 
to  fabrics  of  indispensable  necessity.  The  galvanic  battery 
arms  iron  not  only  with  the  powers  of  the  magnet,  but  gives  it 
security  from  corrosion,  and  thus  we  have  rapidly  coming  into 
use,  materials  with  which,  but  a  short  time  ago,  we  were  entirely 
unacquainted. 


THE  AMERICAN  TELEGRAPH  CONFEDERATION. 


29 


ORGANIZED  AT  WASHINGTON,  MARCH  5TII;1853 — TO  ASSEMBLE  ANNUALLY - 

COMPOSED,  BY  REPRESENTATION,  FROM  ALL  LINES  IN  NORTH  AMER¬ 
ICA  USING  THE  MORSE  AMERICAN  ELECTRO-MAGNETIC  TELEGRAPH. 


The  origin  of  this  Association  was  the  publication  of  a  call, 
signed  by  the  Presidents  and  others  of  a  large  number  of  the 
Telegraph  Lines  in  the  United  States,  inviting  every  company 
using  the  Morse  system,  to  send  one  or  more  representatives  to 
a  Convention,  to  assemble  at  Washington  City,  March  5th, 
1853.  The  object  of  the  Convention  as  thus  promulgated,  was 
to  act  on  such  matters  as  might  be  of  interest  to  the  lines  in 
common,  without  regard  to  the  special  interest  of  any  given 
line  or  connection. 

The  Convention  assembled,  and  embraced  a  representation 
from  lines,  amounting  in  extent  to  at  least  three-fourths  of  the 
wires  in  America.  Various  proceedings  took  place,  and  among 
them  the  adoption  of  a  resolution,  presented  by  Mr.  Alvord  of 
Missouri,  organizing  a  General  Committee  on  Confederation,  to 
act  in  the  interim  of  the  Convention,  with  general  powers. 
That  committee,  at  an  early  day,  after  the  adjournment  of  the 
Convention,  issued  the  annexed  circular  address,  which  we  repub¬ 
lish  for  more  general  reflection.  It  embraces  some  very  important 
facts,  worthy  of  the  daily  consideration  of  every  telegrapher, 
which  too,  must  sooner  or  later  be  an  integral  on  the  final  adop¬ 
tion  of  a  universality  of  business  system.  Finding  the  busi¬ 
ness  proper  for  this  committee  to  act  upon, — as  contemplated 
by  the  Convention,  too  great  to  receive  the  necessary  attention, 
the  editor  of  the  Companion  was  selected  to  act  as  Secretary, 
and  as  soon  as  possible,  resigned  his  offices  in  the  West  to  as¬ 
sume  the  new  duties  at  Washington  City,  under  the  official  di¬ 
rection  of  the  committee  appointed  by  the  Convention  as  afore¬ 
said. 

The  circular  address  of  the  Secretary,  following  that  of  the 
committee,  will  evidently  startle  the  minds  of  every  telegraph 
management  throughout  the  country,  and  at  the  same  time  in¬ 
fuse  a  cheerful  spirit,  and  new  hope  for  success,  in  the  prospect 
of  realizing  the  immense  saving,  so  emphatically  exhibited  by 
that  document.  The  facts  therein  promulgated  are  worthy  of 
immediate  attention.  The  plans  proposed  ought  to  be  adopted 
without  delay,  that  the  benefits  may  the  earlier  be  accom¬ 
plished.  [Editor. 


so 


shaffner’s  telegraph  companion. 


ADDRESS 

To  the  Presidents  of  the  several  Companies  using  Morse's  American 
Electro  Magnetic  Telegraph,  in  the  United  States,  Mexico,  and  the 
British  Colonies  in  North  America. 

Gentlemen  :  In  obedience  to  the  directions  of  the  Telegraph 
Convention,  recently  held  in  the  City  of  Washington,  the  un¬ 
dersigned  have  the  honor  to  transmit  a  copy  of  the  resolutions 
adopted  by  them,  and  ask  the  concurrence  and  future  co-opera¬ 
tion  ot  your  respective  companies. 

The  members  of  the  late  Convention,  as  well  as  from  their 
observation  and  experience  abroad,  as  by  an  interchange  of 
views  among  themselves,  were  deeply  impressed  with  the  neces¬ 
sity  of  some  organization  to  preserve  harmony,  and  produce 
uniformity  in  the  mode  of  doing  business  by  the  many  compa¬ 
nies  using  Morse’s  Telegraph.  Obviously,  this  can  be  attained 
only  by  laying  aside,  for  the  occasion,  all  animosities  and  jea¬ 
lousies,  which  may  have  grown  out  of  competition,  or  the  vio¬ 
lation  of  exclusive  privileges,  real  or  supposed,  and  waiving  for 
that  purpose  only,  but  without  abandoning,  all  conflicting  claims. 
Acting  upon  these  principles,  the  recent  Convention  was  distin¬ 
guished  by  the  harmony  and  good  feeling  which  characterized 
its  sittings,  giving  promise  of  good  to  be  derived  from  the  an¬ 
nual  recurrence  of  such  assemblages. 

It  is,  perhaps,  a  public  misfortune,  that  all  the  principal  tele¬ 
graph  lines  of  the  country  are  not  subject  to  one  control,  gov¬ 
erned  by  one  set  of  rules,  and  presenting  in  all  cases  an  undivi¬ 
ded  responsibility. 

As  such  an  arrangement  is  obviously  impracticable,  it  becomes 
important  to  the  companies,  and  to  the  public,  to  secure  by 
other  arrangements,  as  far  as  practicable,  the  advantages  which 
would  result  from  a  controlling  power.  Many  evils  have  already 
shown  themselves  as  incident  to  the  present  system,  among 
which  are  the  following,  viz  : — 

1.  The  adoption  of  different  abbreviations  and  signals  on 
different  lines,  rendering  their  language  measurably  unintelli¬ 
gible  to  each  other.  On  some  lines  it  has  even  been  proposed 
to  change  the  elements  of  which  some  of  the  letters  of  Morse’s 
Alphabet  are  composed.  It  requires  no  argument  to  prove  that 
the  tendencies  of  these  practices  is  to  produce  utter  confusion 
in  the  business  of  telegraphing ;  and  if  allowed  to  proceed, 
those  engaged  in  it  will  become  as  unintelligible  to  each  other,  as 
were  the  builders  of  Babel  after  the  confusion  of  tongues.  This 
mischief  cannot  be  obviated  otherwise  than  by  a  concert  of  ac- 


THE  AMERICAN  TELEGRAPH  CONFEDERATION.  31 

tion  among  the  companies,  and  the  adoption  of  one  general  sys¬ 
tem,  setting  their  faces  against  any  alteration  therein,  unless  it 
be  by  common  consent.  As  a  basis  for  all  future  action,  we 
earnestly  recommend  the  adoption  of  the  seventh  and  eighth  re¬ 
solutions,  herewith  transmitted. 

.2.  Perhaps  the  greatest  evil  existing  under  the  present  system, 
is  the  absence  of  due  responsibility  on  account  of  messages  sent 
over  the  lines  of  two  or  more  companies,  which  are  unreasonably 
delayed,  or  never  delivered  at  all.  We  all  know  that  perfect 
certainty  of  prompt  delivery  is  not  attainable  in  the  present  con¬ 
dition  of  the  telegraph  lines  generally  ;  but  it  is  not  difficult  to 
adopt  and  enforce  such  regulations,  as  will  greatly  lessen  the  dis¬ 
appointment  and  irritation  so  prevalent  among  the  customers  of 
the  telegraph,  in  consequence  of  the  failure  of  their  messages  to 
reach  their  destination,  or  their  inability  to  procure  information 
as  to  what  has  become  of  them. 

The  idea  so  prevalent  among  operators,  that  it  is  an  injury  to 
their  line  to  let  connecting  lines  know  when  they  are  down,  is 
fatally  erroneous.  They  receive  messages  and  retain  them, 
awaiting  the  repair  of  their  line;  and  when  the  station  whence 
the  message  came  inquires  after  them,  too  frequently  no  answer 
is  returned.  The  customer  becomes  impatient  and  irritated,  and 
demands  the  refunding  of  his  money,  which  is  refused  ;  where¬ 
upon  he  curses  the  telegraph  and  ceases  to  use  it.  None  of  us, 
it  is  confidently  believed,  have  duly  appreciated  the  injury  done 
to  all  the  telegraph  lines  by  such  short-sighted  policy. 

All  this  can  be  readily  obviated.  Let  each  line,  when  down, 
promptly  inform  every  connecting  line  of  the  fact.  If  there  be 
any  other  line  by  which  messages  appropriately  belonging  to  the 
line  thus  down,  can  be  promptly  sent,  let  them  be  silently  re¬ 
ceived  and  so  forwarded  ;  if  not,  let  the  customer  be  frankly  told 
that  a  connecting  line  over  which  his  messages  must  pass  is 
down,  and  that  it  is  uncertain  when  his  message  will  reach  its 
destination.  If  thus  informed,  he  chooses  to  leave  his  message, 
he  cannot  complain  of  fraud  or  imposition. 

The  undersigned  are  perfectly  satisfied,  that  incomparably 
more  harm  arises  from  the  omission  to  give  information  in  such 
cases,  than  from  the  failures  themselves;  and  that  multitudes 
abandon  the  use  of  the  telegraph  not  because  their  messages 
have  been  delayed  or  lost,  but  because  they  can  obtain  no  satis¬ 
factory  explanation  of  the  cause. 

Intimately  connected  with  these  practices  is  the  subject  of  re¬ 
funding.  Customers  are  put  to  great  inconvenience  in  obtain¬ 
ing  evidence  that  their  messages  have  been  delayed,  mutilated, 
or  lost,  when  the  telegraph  ought  to  know  all  about  it.  That 
the  station  from  which  the  message  is  sent,  is  not  in  possession 
of  the  facts  when  messages  are  delayed  or  lost,  is  the  fault  of 


32 


SHAFFNER?S  TELEGRAPH  COMPANION.! 


other  stations  or  connecting  lines,  in  withholding  information 
which  ought  to  be  given. 

These  evils  the  Convention  hope  to  mitigate  by  the  rules  laid 
down  in  their  second,  third,  fourth,  and  filth  resolutions,  which 
are  earnestly  recommended  to  the  adoption  of  your  respective 
companies. 

To  give  greater  efficiency  to  the  principles  therein  laid  down, 
the  committee  recommend  that  the  following  explicit  instruc¬ 
tions  be  given  to  the  chief  operator  at  the  terminal  station  of 
every  line,  viz. : — 

1.  That  when  any  line  ceases  to  operate  in  whole  or  in  part, 
for  the  space  of  one  hour  during  ordinary  business  hours,  notice 
thereof  shall  be  given  to  all  connecting  lines,  specifying  what 
part  of  the  line,  if  any,  is  still  in  operation ;  and  that  when  the 
line  again  commences  to  operate,  notice  thereof  be  also  given 
immediately  to  all  connecting  lines. 

2.  That  operators  of  connecting  lines,  receiving  such  notices, 
shall  immediately  send  them  along  their  respective  lines. 

3.  That  when  from  any  cause  a  message  from  another  line  or 
station  cannot  be  forwarded,  or,  if  it  has  reached  its  destination, 
cannot  be  delivered  the  same  day,  notice  thereof  shall  be  given 
to  the  station  whence  it  came. 

A  strict  observance  of  these  rules  would  remove  many 
causes  of  irritation  which  now  beset  the  telegraph  business,  and 
would  obviate  much  trouble  now  experienced  in  the  matter  of 
refunding. 

The  second  resolution  purports  to  regulate  the  principles  on 
which  moneys  refunded  shall  be  charged  upon  the  several  com¬ 
panies  concerned.  In  the  discharge  of  the  duties  imposed  on  the 
committee  by  the  fourteenth  resolution,  they  recommend  the 
following  rules  forgiving  effect  to  the  second  resolution,  viz  : — 

1.  Where  refunding  is  required  by  reason  of  an  error  of  the 
telegraph,  the  whole  amount  shall  be  chargeable  to  the  com¬ 
pany  on  whose  line  the  error  was  committed. 

2.  Where  refunding  is  required  by  reason  of  delay  in  the 
transmission  of  a  message,  the  whole  amount  shall  be  chargeable 
to  the  company  on  whose  line  the  delay  occurred,  unless  said 
compan}^  shall  show  that  it  was  occasioned  by  providential  or 
uncontrollable  circumstances,  of  which  the  connecting  lines 
were  duly  informed. 

3.  Where  refunding  is  required  by  reason  of  neglect  to  de¬ 
liver  a  message  when  received,  the  whole  amount  shall  be 
chargeable  to  the  company  at  whose  station  the  neglect  oc¬ 
curred. 

4.  In  all  cases  where  refunding  is  required,  the  manager  of 
the  station  where  money  was  paid  in  the  first  instance  shall 
be  sole  judge  of  the  justice  of  the  demand  ;  and  if  any  dispute 


THE  AMERICAN  TELEGRAPH  CONFEDERATION. 


33 


arises  as  to  what  line  is  chargeable  with  the  amount  refunded, 
or  any  part  of  it,  the  question  shall  ,be  referred  to  the  Presidents 
or  Principal  Managers  of  the  lines  concerned ;  and  if  they  dis¬ 
agree,  the  subject  shall  be  referred  by  them  to  the  Correspond¬ 
ing  Committee,  whose  decision  shall  be  final.  Provided ,  that 
when  any  line  refuses  or  omits  to  give  information  as  prescribed 
in  the  third  and  fourth  resolutions,  the  whole  sum  refunded 
shall  be  charged  to  such  line. 

The  other  resolutions  adopted  by  the  Convention  do  not  ap¬ 
pear  to  need  any  explanation.  That  uniformity  may  at  once  be 
introduced  and  preserved,  it  is  recommended  that  they  be  all 
adopted,  though  they  may  in  some  particulars  be  considered  ob¬ 
jectionable,  and  that  any  desirable  modifications  be  reserved  for 
the  next  annual  Telegraph  Convention. 

The  Committee  trust  that  all  Telegraph  Companies  in  North 
America  using  Morse’s  system  will  cause  themselves  to  be  re¬ 
presented  in  the  next  Annual  Convention,  by  delegates  formally 
chosen  and  furnished  with  credentials,  and  that  they  be  author¬ 
ized  to  pledge  the  faith  of  their  respective  companies  to  carry 
into  effect  the  resolves  of  the  Convention,  so  far  as  they  may 
relate  to  the  mode  of  doing  business,  their  intercourse  and  res¬ 
ponsibilities  among  themselves.  It  is  only  by  receiving  the 
vote  of  the  Convention  as  authoritative,  that  it  can  become  per¬ 
manently  useful. 

In  conclusion,  we  beg  that,  as  soon  as  practicable,  you  will 
submit  the  resolutions  of  the  late  Convention,  together  with  the 
recommendations  of  this  Address,  to  your  Company  or  Board 
of  Directors,  and  communicate  the  result  of  their  action  thereon 
to  our  Chairman,  that  we  may  notify  each  Company  of  their 
adoption  or  rejection  by  the  rest. 

B.  B.  FRENCH, 

AMOS  KENDALL, 

J.  D.  CATON, 

J.  K.  MOREHEAD, 
WM.  M.  SWAIN. 


CIRULAR  ADDRESS 

TO  ALL  ELECTRIC  TELEGRAPH  COMPANIES  IN  NORTH  AMERICA. 

At  the  late  American  Telegraph  Convention,  in  Washington 
City,  the  following  resolution,  among  many  others,  was  adopted, 
viz. : 

“  That  it  shall  be  the  duty  of  the  Corresponding  Committee 
to  encourage  the  establishment,  at  some  central  point,  of  manu¬ 
factories  or  depots  of  all  the  necessary  materials,  such  as  acids, 

4  • 


34  shaffner’s  telegraph  companion; 

✓ 

instruments,  stationery  used  and  consumed  in  the  conduct  and 
management  of  telegraph  lines.” 

Not  being  able  themselves  to  attend  to  the  details  necessary 
to  the  efficient  execution  of  this  and  other  resolutions  adopted 
by  the  Convention,  the  Corresponding  Committee,  deeming  this 
matter  particularly  of  great  importance,  appointed  the  under¬ 
signed  their  Secretary,  with  the  understanding  that  he  was  to 
attend  to  the  details  which  the  Convention  had  imposed  upon 
them. 

Thus  authorized  by  the  Committee,  the  undersigned  has  given 
special  attention  to  the  subject  of  the  foregoing  resolution,  which 
he  interprets  as  follows,  viz. ; 

1st.  The  organization  of  a  system,  by  which  all  the  lines  in 
the  country  can  procure  the  materials  needed  in  the  successful 
management  of  the  Telegraph,  unadulterated  with  baser  sub¬ 
stances. 

2d.  That  the  articles  purchased  might  be  obtained  at  the 
lowest  price  possible,  resulting  from  a  general  wholesale  arrange¬ 
ment. 

3d.  That  a  general  uniformity  might  result  therefrom,  dis¬ 
pelling  the  necessity  for  continual  experiments,  originating  from 
a  scarcity  of  material  in  any  section  of  the  country,  whereby  the 
management  necessarily  resorts  to  supposed  equivalents. 

Considering  the  objects  of  the  resolution  to  be  as  just  recited, 
the  Secretary  has  proceeded  to  make  complete  arrangements 
for  carrying  the  same  into  immediate  operation.  He  has  visited 
the  various  cities  in  the  East,  and  procured  the  prices  from  many 
firms,  offering  to  supply  the  lines  throughout  the  country  with 
the  materials  consumed.  The  prices  submitted  are  greatly  under 
the  amounts  now  paid  in  all  parts  of  the  country,  and  the  pro¬ 
posals  accepted  are  at  least  twenty -five  per  cent,  less  than  the 
lowest  price  paid  by  any  line  heretofore.  The  multiplication  of 
commissions  by  the  dealers  greatly  increased  the  cost  of  the 
article,  and  with  a  view  to  save  that  increase  of  expenditure,  the 
Secretary  has,  in  every  instance,  sought  proposals  from  the 
manufacturers.  The  great  saving  will  be  readily  seen  by  an 
examination  of  the  figures  presented  hereinafter.  Not  only  is 
the  price  reduced,  but  the  pure  article  is  obtained,  unadulterated 
and  free  from  mixture  with  inferior  qualities. 

It  must  be  remembered,  too,  that  the  great  saving  accruing 
under  this  arrangement,  as  well  as  the  perfection  of  the  materials 
purchased,  contemplates  the  concentration  of  purchase  through 
the  arrangement  of  the  American  Telegraph  Confederation. 
Some  of  the  companies  will  not  realize  much  saving,  because 
their  consumption  is  small.  Every  line  throughout  the  country 
greatly  needs  the  economy  proposed,  though  ever  so  little.  The 
benefits  will  be  mutually  enjoyed;  none  are  excluded.  The 


THE  AMERICAN  TELEGRAPH  CONFEDERATION. 


85 


arrangements  contemplate,  that  ever  company  or  every  line 
throughout  the  United  States,  Canadas,  Nova  Scotia  or  Mexico, 
can  partake  in  the  advantages  proposed.  It  is  the  interest 
of  all  to  unite  ;  the  larger  the  purchase,  the  less  will  he  the  sum 
to  be  paid ;  thus  all  will  partake  alike  in  the  economy.  The 
invitation  is  to  all,  and  the  earlier  commenced  the  better.  Many 
lines  have,  very  probably,  a  supply  on  hand  sufficient  for  the 
season,  but  when  new  orders  are  given,  it  is  hoped  the  pro¬ 
posals  beneath  submitted  will  be  accepted.  The  prices  embraced 
in  the  schedule  may  not  be  much  less  than  now  paid  by  some 
lines,  but  much  less  than  paid  by  other  lines ;  besides,  a  good 
article  is  procured  for  the  same  amount  paid  for  an  inferior.. 
Some  lines  are  paying  three  hundred  per  cent,  more  than  pro*- 
posed  in  the  schedule,  and  the  consumption  very  large  ;  to  these 
lines  the  saving  will  be  extraordinary.  An  examination  of  the 
prices  will  prove  to  be  one-fourth,  in  the  aggregate,  less  than  the 
lowest  price  paid  by  any  line  in  America.  This  may  seem  to  be 
a  bold  assertion,  but  nevertheless  it  is  true.  The  prices  paid 
by  the  various  lines  have  been  procured,  and  there  can  be  no 
mistake  as  to  the  correctness  of  the  statements  submitted. 

It  is  proper  to  add,  here,  that  a  moderate  commission  is  added 
to  the  price  specified  in  the  schedule,  to  be  appropriated  by  the 
General  Committee  to  defray  the  expenses  necessary  in  carrying 
out  the  directions  of  the  Annual  Conventions.  If  the  revenue  thus 
accruing  exceed  the  necessities  of  the  Committee,  a  reduction 
will  of  course  be  promptly  made.  The  Committee,  under  the 
resolutions  of  the  Convention,  will  manage  or  direct  the  course 
of  procedure  in  all  matters,  and  will  not  fail  to  do  all  that  may 
be  possible  for  the  general  prosperity.  The  companies  can 
safely  repose  confidence  in  the  arrangements  presented,  as  there 
are  those  entrusted  with  the  charge,  who  will  realize  the  advan¬ 
tages  of  the  economy  as  shareholders  in  the  respective  lines,  and 
not  otherwise.  The  Committee  is  elected  annually,  and  the  Con¬ 
vention  can  adopt  such  rules  and  regulations  as  to  its  powers 
as  may  be  deemed  requisite  and  necessary.  The  prosperity  of 
the  cause  is  the  aim  in  view.  That  the  subject  may  the  better 
be  understood,  a  short  review  of  the  cost  now  paid  and  as  pro¬ 
posed  will  doubtless  suffice. 

NITRIC  ACID. 

This  article  is  one  of  the  most  costly  in  telegraph  consump¬ 
tion,  and  none  more  impure  as  in  general  use ;  it  is  one  of  the 
important  elements  connected  with  the  enterprise,  and  should 
be  carefully  considered,  that  the  very  best  quality  may  be 
obtained  for  the  objects  in  view.  There  are  but  few  gentlemen 
connected  with  telegraphing  who  are  expert  chemists,  and  in 
consequence  of  which,  the  most  base  and  adulterated  ingredients 


36  shaffner’s  telegraph  companion. 

have  been  mixed  with  acids  and  used  in  batteries  instead  of  the 
quality  required  in  the  generation  of  effective  electrical  action. 
In  fact,  the  most  injurious  effects  have  resulted  from  the  use  of 
mixed  acids.  Nitric  acid  is  often  diluted  with  muriatic  and 
sulphuric  acids,  or,  as  commercially  known,  oil  of  vitriol.  These 
baser  acids  reduce  the  cost  of  nitric  in  proportion  to  the  ratio  of 
mixture,  and  its  utility  is  reduced  upon  the  same  scale.  Muriatic 
acid  acts  powerfully  upon  zinc  and  platinum.  According  to 
the  best  authorities,  it  is  much  employed  for  making  many 
metallic  solutions;  and  in  combination  with  nitric  acid,  it  forms 
the  aqua  regia  of  the  alchemists,  so  called  from  its  property  of 
dissolving  gold,  &c. 

The  mixture  of  acids  does  not  only  impose  upon  the  lines 
a  higher  price  for  an  inferior  quality,  but  it  brings  into  use 
agents  powerful  in  decomposing  the  metals,  and  consequently 
shortens  their  duration  in  usefulness.  The  chemical  action  of 
the  battery  is  a  hundred-fold  greater  than  the  electrical.  It 
should  only  be  commensurate  therewith.  Science  has  settled 
the  fact,  that  muriatic  acid  is  not  an  auxiliary  in  the  Grove 
battery.  No  one  seeks  it,  but  it  is  often  forced  upon  the  lines 
without  their  knowledge  of  the  fact.  Relative  to  the  mixture 
of  sulphuric  acid,  or  oil  of  vitriol,  with  nitric  acid,  it  may  be  said 
that  there  is  no  harm  done,  or  that  the  two  acids  are  used  in  the 
Grove  series.  That  is  true,  but  look  at  the  relative  value.  Sul¬ 
phuric  is  worth  only  one-fourth  the  value  of  nitric.  Why  then 
pay  the  price  of  the  former  for  the  latter  ?  If  they  have  to  be 
mixed,  let  it  be  done  at  the  offices,  and  let  each  kind  be  pur¬ 
chased  at  its  proper  value. 

During  the  investigation  of  the  quality  of  acids,  by  the 
Secretary,  gentlemen  proposed  to  furnish  acids  at  most  any  price. 
In  the  West  and  South,  the  scale  of  acid  mostly  usd  was  No.  44, 
and  anything  under  that  was  deemed  worthless.  In  the  East 
nearly  as  erroneous  ideas  prevailed.  In  fact,  there  are  as  many 
views  entertained  as  to  the  kind  or  quality  of  acids  as  there 
are  persons  in  the  management  of  telegraph  lines. 

In  procuring  bids  to  furnish  the  acids,  under  this  arrangement, 
the  question  proposed  was,  “At  what  price  will  you  furnish  nitric 
acid  44°  Baumee’s  Hydrometer?”  A  druggist  responded,  “Nine 
cents.”  The  question  was  then  asked,  “Are  you  willing  to  sub¬ 
mit  that  acid  to  an  expert  chemist  for  examination  ?”  He  answer¬ 
ed,  “No,”  but  was  willing  to  test  it  with  the  acid  us^d  by  nearly 
all  the  telegraph  lines  in  the  country,  and  it  should  be  equal  in 
quality. 

He  said  that  the  lines  generally  required  an  acid  that  would 
act  readily  on  the  zincs ;  and  a  mixture  of  muriatic  acid  was  the 
best  means  of  accommodating  the  managers,  as  they  pronounced 
it  the  quality  required.  A  mixture  with  sulphuric  acid  or  oil  of 


THE  AMERICAN  TELEGRAPH  CONFEDERATION. 


37 


vitriol  elevates  the  scale"  of  specific  gravity,  and  therefore  its 
measurement  need  not  be  feared  by  the  dealer.  Such  are  the 
means-  resorted  to,  by  commercial  trade,  to  gratify  the  singular 
ideas  advanced  by  communities  not  expert  in  the  science  of  che¬ 
mistry.  At  least  three-fourths  of  the  acids  heretofore  used  in 
the  United  States  by  the  telegraph  lines,  are  adulterated  at  least 
ten  per  cent.,  and  thus  the  injury  may  be  estimated  proportionate 
with  the  scale  of  base  mixture. 

Consultation  with  practical  telegraphers,  and  calculations  based 
upon  reliable  data,  show  the  quantity  of  nitric  acid  used  in 
America  to  be  about  32  carboys  of  120  lbs.  per  week.  The 
prices  paid  range  from  9  to  15  cts.  per  lb.,  the  average  being 
12  cts.  per  lb.  This  would  make  an  estimated  annual  cost  for 
nitric  acid  $23,961  60.  The  Secretary  can  have  the  quality  of 
acid  used  by  the  lines  unadulterated  for  8J  cts.  per  lb.,  which 
would  amount  to  an  annual  outlay,  based  upon  the  quantity 
estimated  above,  of  $15,972  80.  This  makes  a  saving  of  $6,988  80 
per  annum  !  The  saving  will  greatly  exceed  this,  because  several 
hundred  offices  have  been  and  are  now  paying  as  high  as  30  cts. 
per  lb.  for  an  inferior  article  to  that  offered  now  for  8£  cts. 

The  carboys  are  to  be  well  made,  strong,  and  capable  of  stand¬ 
ing  the  hardships  of  transportation.  They  will  be  marked,  and 
known  as  telegraph  acids.  The  world  generally  entertains  a 
great  fear  of  the  combustion  of  aqua  fortis  in  transportation,  and 
shippers  manifest  great  indifference  as  to  forwarding  it.  The  acid 
will  be  shipped  under  an  independent  name. 

SULPHURIC  ACID. 

The  telegraph  lines  do  not  use  the  proportionate  quantity 
of  sulphuric  acid  contemplated  by  science  and  the  early  projec¬ 
tors  of  telegraphing.  The  cause  of  this  inequality  is  owing  to  mis¬ 
taken  views  entertained,  mostly  by  young  gentlemen,  who  have 
not  a  thorough  knowledge  of  the  necessary  ingredients  in  the 
proper  composition  of  a  battery.  Many  use  nitric  acid  diluted 
with  water,  in  which  to  immerse  the  zincs,  rather  than  be  troubled 
with  pouring  out  acids  from  separate  carboys.  By  this  process 
an  acid  costing  8|  cts.  is  used  instead  of  one  costing  2  cts. ;  in 
this,  economy  will  be  promoted  by  its  abolition,  and  the  restora¬ 
tion  of  principles  settled  by  science  and  practice  for  years.  Some 
gentlemen  do  not  use  any  acid  diluted  with  water,  and  claim  it 
as  a  grand  discovery  in  economy.  Experience  has  taught  that 
in  such  eases,  the  battery  has  to  be  enlarged,  and  it  is  inactive  for 
more  than  an  hour  after  its  construction.  Time  has  to  be 
allowed  for  the  acid  to  ooze  through  the  porous  cups,  and  a 
chemical  action  on  the  zincs  is  produced.  A  battery  thus  con¬ 
structed  wiil  always  be  black,  and  more  or  less  covered  with  a 
thick  coating  of  the  oxide  of  zinc.  Sulphuric  acid  cleanses  the 


38 


shaffner’s  telegraph  companion. 


zincs,  and  an  opportunity  is  given  for  an  even  and  steady  actios 
of  the  nitric  acid  upon  the  metal. 

Science  has  devised  the  construction  of  the  Grove  battery. 
Experience  has  demonstrated  its  correctness.  There  should  be 
two  liquids,  and  two  metals — one  liquid  to  be  nitric  acid,  and  the 
other  dilute  sulphuric  acid  ;  and  the  metals  platinum  and  amal¬ 
gamated  zinc.  The  plates  of  platinum  are  immersed  in  the 
nitric  acid,  and  the  zinc  in  the  dilute  sulphuric  acid. 

Rain  water  is  the  best  with  which  to  dilute  sulphuric  acid. 

The  quantity  of  sulphuric  acid  that  should  be  used  in  America, 
for  batteries  as  estimated  under  the  head  of  Nitric  Acid,  would 
be  about  50,000  lbs.  per  annum,  which,  at  2  cts.  per  lb.,  wmuld 
amount  to  $1,000  ;  the  equivalents  now  used  costing  from  4  cts. 
to  10  cts.  per  lb.,  amounting  to  at  least  $2,500  per  annum.  In 
this,  the  result  of  arrangements  made  by  the  Secretary,  the  lines 
will  make  a  saving  of  at  least  $1,500. 

ZINCS. 

To  relate  the  many  tricks  resorted  to  in  the  manufacture  of  tele¬ 
graph  zincs,  would  require  many  pages.  The  impositions  exceed 
those  related  of  acids.  Thousands  of  zincs  used  by  the  telegraph 
lines  are  composed  of  zinc,  lead,  tin-solder,  and  even  iron,  and 
every  kind  of  base  alloy.  The  commercial  rates  of  zinc  at  present, 
in  New-York,  are  quoted  at  7|  to  8  cts.  per  lb.  On  examination 
of  the  rates  quoted  in  different  cities,  it  cannot  be  bought  for 
less.  How,  then,  can  lines  purchase  a  pure  article  for  a  less 
sum,  after  the  expenses  of  moulding?  There  is  no  possibility 
for  such  to  be  the  case ;  if  bought  for  less,  it  must  be  alloyed. 
It  is  true  that  zinc  rates  very  high  at  present,  and  the  price  is 
expected  to  be  less  in  a  few  months.  A  proposal  has  been  pre¬ 
sented  and  accepted  to  supply  zinc  cups,  warranted  free  from 
alloy,  at  8  cts.  per  lb.  This  very  favorable  offer  contemplates, 
like  all  other  proposals,  the  patronage  of  the  entire  enterprise. 

A  few  estimates  will  show  the  necessity  of  care  in  the  pur¬ 
chase  of  zinc. 

The  quantity  in  daily  use  is  about  1,100.  These  zincs,  mould¬ 
ed  of  proper  weight,  will  last,  on  an  average,  about  two  months. 
The  locals  will  wear  out  in  less  time.  The  main  battery,  if  pro¬ 
perly  amalgamated,  will  serve  longer.  According  to  this  basis 
of  calculation,  the  quantity  consumed  per  annum  will  be  6,600, 
which,  at  8  cts.  per  lb.,  would  amount  to  $1,320.  The  lines  have 
been  paying  all  prices,  ranging  as  high  as  15  cts.  per  lb.  At 
this  price,  full  8,000  miles  of  lines  are  paying  at  this  time,  an  d 
purchasing  with  them  at  least  20  per  cent,  of  alloy.  Estimatin  g 
the  average  price  paid  to  be  12  cents,  per  lb.,  the  cost,  as  per 
quantity  consumed,  would  be  for  16,500  lbs.  =  $1,980,  or  $66  0 
nett  gain.  These  items  are  less  than  the  calculations  of  other  s 
who  have  been  consulted  upon  the  subject.  They  are  fully 


THE  AMERICAN  TELEGRAPH  CONFEDERATION. 


39 


sustained  by  the  reports  of  the  various  companies.  At  the  price 
proposed,  a  pure  metal  is  obtained,  having  passed  through  the 
analytical  examination  of  a  competent  chemist.  There  will 
be  no  compounding  of  base  metals,  causing  a  torpid  battery, 
ybut  the  pure  and  unalloyed  material  will  be  procured.  The 
great  result  will  not  only  be  in  saving  of  original  outlay,  but  in 
securing  a  battery  promoting  the  ends  in  view. 

QUICKSILVER. 

When  Mr.  Sturgeon  and  Mr.  Kemp  discovered  the  applica¬ 
tion  of  mercury  by  rubbing  it  on  the  zincs,  causing  them  to  last 
much  longer,  and  the  flow  of  electricity  during  the  action  of  the 
battery  to  be  more  constant  and  regular,  the  scientific  world  re¬ 
joiced  in  the  prospect  of  economy.  Unfortunately,  this  saving  is 
totally  disregarded  by  many  offices.  This  is,  doubtless,  the  re¬ 
sult  of  indifference  and  want  of  proper  energy.  The  great  benefits 
resulting  from  the  amalgamation  of  zincs,  ought  to  stimulate 
every  operator  to  give  the  batteries  the  greatest  attention  in  its 
fulfilment.  The  cost  of  the  quicksilver  is  greatly  less  than  the 
waste  of  zinc  and  acids  by  its  non-use.  It  equalizes  the  chemical 
and  electrical  actions.  The  two  harmonize,  and  the  result  is 
most  effective.  There  is  as  much  fraud  or  imposition  in  the  sale 
of  quicksilver  as  there  is  connected  with  the  other  items  here¬ 
tofore  mentioned,  and  the  telegraph  lines  seem  to  suffer  the  most. 
That  which  has  been  used  by  many  lines  is  alloyed  with  lead, 
tin-foil,  &c.  Lead  is  worth  5  cts.  per  lb.,  and  its  mixture 
with  quicksilver  will  enable  the  vendor  to  sell  the  lead  at  the 
rate  of  $1  per  lb.,  that  being  the  average  price  paid  throughout 
the  country.  Those  who  have  any  doubt  as  to  the  correctness 
of  this  statement,  can  easily  test  its  truthfulness  by  immersing  a 
thin  piece  of  lead  or  tin-foil  in  some  quicksilver,  and  in  a  few 
moments  the  lead  or  tin  will  be  dissolved,  and  appear  as  legiti¬ 
mate  mercury.  The  alloy  can  exceed  twenty  per  cent,  and  pass 
as  genuine  with  many  purchasers.  Our  lines  have  been  cheated 
out  of  thousands  of  dollars  by  the  mixture  of  these  baser  metals 
with  quicksilver.  The  price  paid  heretofore,  has  been  from  75 
cts.  to  $2  per  lb.,  mostly  exceeding  $1  per  lb.  The  quantity 
used  in  America  per  annum,  including  mercury  connections,  is 
about  8,000  lbs.,  which  at  $1  per  lb.,  would  be  $3,000,  and  at  65 
cts.  $1,950,  or  a  saving  of  $1,050. 

It  will  be  seen  from  these  figures  that  there  will  not  only  be 
a  great  saving  in  procuring  a  pure  article,  but  also  in  the  cost  of 
purchase. 

POROUS  CUPS. 

This  article  can  be  supplied  to  the  lines  at  62  cts.  per 
dozen,  made  from  the  best  New- Jersey  clay.  This  clay  is  con- 


40 


SHAFFNERrS  TELEGRAPH  COMPANION". 


sidered  the  best  for  porous  cups  that  has  been  discovered  in 
America,  and  an  inferior  quality  will  not  answer  as  well.  The 
best  is  the  cheapest  in  the  end.  An  inferior  article  made  from 
brick  clay  can  be  purchased  at  50  cts.  per  dozen.  No  arrange¬ 
ment  has  been  made  for  purchasing  such  an  article,  they  being 
deemed  injurious  to  the  proper  construction  of  a  battery. 

TUMBLERS. 

Various  are  the  kinds  of  tumblers  in  use.  Some  thick  and 
some  thin,  some  costing  $1.65  and  some  $2.50  per  dozen. 
Some  are  so  thin  that  they  can  scarcely  bear  the  weight  of  the 
zinc  and  acids.  In  cold  weather  they  easily  break,  thus  caus¬ 
ing  a  great  expense.  Tumblers  can  be  furnished  the  lines  at 
$2,00  per  dozen,  made  of  the  best  glass,  and  sufficiently  strong 
for  substantial  use,  and  economical  management.  An  inferior 
quality  can  be  .purchased  at  $1,60.  No  arrangement  has  been 
made  for  purchasing  an  inferior  quality.  The  tumblers,  zincs, 
and  porous  cups  are  all  made  to  suit  as  pairs,  and  the  full  force 
of  the  battery  will  be  brought  into  action  by  such  an  arrange 
ment.  A  large  zinc  in  a  small  tumbler  occasions  the  use  of  a 
small  quantity  of  dilute  sulphuric  acid,  and  its  renewal  must  be 
more  frequent.  These  questions  will  be  carefully  considered. 

PLATINUM.  \ 

A  line  once  supplied  with  a  good  article  of  platina.  will  not  be 
required  to  renew  the  supply.  If  alloyed  with  inferior  metal, 
it  will  not  endure  the  nitric  acid.  If  rolled  into  thin  slips,  the 
breakage  is  very  great.  If  long  and  thick,  the  wear  will  be 
longer.  There  are  various  views  entertained  as  to  the  utility  of 
the  thin  or  thick  strip.  Orders  will  be  complied  with.  If  thin 
be  desired,  it  should  be  stated.  If  not  specified,  the  plates  will 
be  rolled  to  the  most  approved  thickness. 

The  very  best  imported  platinum  can  be  procured  at  $8,00 
per  oz.,  in  plates  rolled  the  required  thickness.  A  quality  in¬ 
ferior  can  be  obtained,  but  the  best  imported  cannot  be  had  for 
less. 

MESSAGE  HEADS. 

This  item  of  consumption  is  one  of  no  ordinary  consideration. 
The  great  quantity  used  necessarily  occasions  a  large  expendi¬ 
ture.  The  amount  employed  by  the  Morse  lines  of  America 
exceed  10,000,000  per  annum,  of  which  New-York  City  uses 
about  1,000,000.  These  estimates  may  appear  large,  but  they 
are  much  less  than  the  calculations  of  several  gentlemen  engaged 
in  the  active  duties  of  telegraphing.  Message  heads  are  pur¬ 
chased  by  offices,  and  sometimes  by  the  officers  of  the  companies. 


THE  AMERICAN  TELEGRAPH  CONFEDERATION. 


41 


The  prices  paid  range  from  $1,67  per  1,000  to  $5,00  per  1,000. 
Several  million  are  bought  at  $4,50  per  1,000.  Estimating  the 
average  cost  to  be  $2,50  per  1,000,  the  annual  cost  will  be 
$25,000. 

This  large  outlay  ought  not  to  be  made  without  reflection, 
and  the  opportunity  is  now  presented  for  making  a  very  great 
saving.  The  Secretary  can  supply  message  heads,  printed  on 
good  paper,  equal  to  that  used  by  any  line  in  America,  at  $1,20 
per  1,000.  If  all  the  lines  would  use  the  same  paper  as  the  Mag¬ 
netic  Company,  the  message  heads  could  be  furnished  at  $1,10 
per  1,000.  The  proposals  are  arranged  to  meet  the  diversified 
opinions  of  companies. 

The  redaction  in  the  cost  of  message  heads,  from  the  prices 
named  to  $1,20  per  1,000,  will  occasion  a  gain  to  the  enterprise 
of  a  startling  amount.  The  price  paid  now  as  an  average  is 
$2,50  per  1,000  on  10,000,000=$25,000 ;  the  price  proposed 
$1,20  per  1,000  for  10,000,000=$12,000.  Nett  gain  $13,000 ! 

ENVELOPES. 

The  quantity  of  envelopes  used  is  not  as  great  as  that  of  mes¬ 
sage  heads ;  the  amount  will  be  considered  6,000,000.  Of 
this,  there  are  about  4,000,000  white,  and  2,000,000  buff.  The 
cost  of  the  white  will  average  $2,50  per  1,000.  The  cost  of 
the  buff  will  average  $1,70  per  1,000.  The  cost  of  buff  has 
ranged  from  $1,37  to  $2,50  per  1,000.  These  estimates  are  upon 
white  embossed,  and  printed  buff  envelopes.  The  annual  cost, 
at  the  above  prices,  would  be  for  white  embossed  $10,000 ;  for 
buff  and  printed,  at  $1,70  per  1,000,  would  be  $3,400;  making  an 
aggregate  of  $13,400. 

The  Secretary  is  now  prepared  to  furnish  white  envelopes 
embossed,  equally  as  good  as  the  best  now  used  by  any  line  in  the 
United  States,  at  $1,60  per  1,000,  and  the  buff  printed  at  $1,20 
per  1,000.  If  the  buff  are  embossed,  the  price  will  be  $1,10  per 
1,000.  The  aggregate  estimate  upon  these  prices  will  be  for  the 
white  envelopes  $6,400 ;  for  the  buff  envelopes  $2,400 ;  making 
a  total  of  $8,800.  Nett  gain,  $4,600. 

The  prices  now  proposed  are  greatly  under  former  rates.  The 
proposal  contemplates  the  supply  of  all  the  lines,  and  hence  the 
reduced  rates. 


t  CLOCKS. 

Arrangements  have  been  made  for  procuring  a  superior  quality 
of  clock,  from  one  of  the  most  extensive  manufactories  in  Con¬ 
necticut.  The  face  is  about  12  inches  in  diameter,  gilt  frame, 
having  the  time  of  the  hour,  minute,  second,  and  day  of  the 
month,  all  represented  on  its  face,  and  to  run  eight  days.  Made 


42 


shaffner’s  telegraph  companion. 


to  run  lying  on  tlie  table,  banging  on  the  wall,  or  in  course  of 
transportation.  The  manufacturer  says,  he  “  will  warrant  them 
to  keep  the  time  correct,  as  to  day  of  month ,  hour ,  minute ,  and 
second ,  and  that  he  will  start  them  with  genuine  Connecticut 
time,  and  tumble  them  over  railroads,  wagons,  steamboats, 
drays,  and  by  hand,  and  land  them  in  Halifax,  or  St.  Louis,  still 
running,  with  the  correct  dial  time  of  New-England.  He  will  mark 
the  moment  of  shipment,  and  its  time  of  delivery  will  indicate 
how  long  the  clock  has  been  wandering  to  its  new  home.”  The 
price  is  $10  each.  The  stamp  American  Telegraph  will  be  on 
the  face  of  each  one,  and  all  will  be  warranted. 

PENCILS. 

The  prices  paid  for  pencils  have  been  from  50  cents  to  $1,00 
per  dozen,  and  often  a  very  inferior  quality  purchased.  The 
number  used  per  year  exceeds  50,000.  Supposing  the  average 
cost  to  be  60  cents  per  dozen,  the  total  will  be  $2,500.  The 
Secretary  can  furnish  the  best  pencil  made  at  22  cts.  per  dozen, 
for  Nos.  1,  2,  3,  and  4.  At  this  price,  the  cost  in  the  aggregate 
will  be  $916,66.  Nett  gain  $1,583  34.  The  pencils  are  to  be 
well  made,  capable  of  making  the  finest  point,  without  waste. 
They  will  be  manufactured  in  Germany. 

PENS. 

There  are  millions  of  pens  bought  by  the  various  lines.  No 
one  consulted  places  the  aggregate  less  than  4,000  gross.  Price 
paid  from  60  cts  to  $1,25  per  gross,  average  about  90  cts.,  total 
$3,600.  These  pens  can  be  purchased  for  the  lines  at  30  cts.  per 
gross.  For  the  same  quality,  form  and  stamp,  manufactured  by 
the  same  firm  in  Birmingham,  England,  I  paid  in  Louisville,  St. 
Louis,  &c.  $1,25  per  gross.  It  will  be  seen  that  on  this  small 
item  the  nett  gain  will  be  large.  Thus,  cost  at  30  cents= 
$1,200  00.  Nett  gain,  $2,400.  They  will  be  stamped  in  Eng¬ 
land,  American  Telegraph  Pens. 

BLACK  INK. 

The  lines  use  a  very  large  quantity  of  black  ink,  being  about 
4,000  quart  bottles  per  annum.  The  best  quality  is  retailed  in 
New- York  at  75  cts.  per  bottle.  In  the  West  and  South  it  is  sold 
at  $1,00  to  $1,25.  Put  the  average  at  80  cts.  and  the  total  will 
be  $3,200.  The  same  ink  thus  sold,  the  Secretary  will  fnrnish 
at  28  cts.  per  quart  bottle,  well  corked,  sealed  and  labelled.  At 
this  price  the  total  will  be  $1,120  00,  making  nett  gain  $2,080. 
The  ink  will  be  labelled  American  Telegraph  Ink. 

The  Secretary  is  not  prepared  to  submit  estimates  of  the  cost 
of  the  many  other  kinds  of  materials  required  by  the  lines,  such 
as  red  ink,  inkstands,  files,  screw-drivers,  battery  brushes,  instru- 


THE  AMERICAN  TELEGRAPH  CONFEDERATION. 


43 


ment  oil,  magnet  springs,  screw-nuts,  register  paper,  foolscap 
and  letter  paper,  copper  wire,  plyers,  solder,  soldering-lamps, 
registers,  magnets,  keys,  catgut,  circuit  breakers,  lightning-pro¬ 
tectors,  repeaters,  circuit-shifters,  message-files,  paper  clips,  &c., 
&c.,  embracing  every  thing  used  in  the  management  of  the  tele¬ 
graph.  The  subject  has  been  sufficiently  investigated  to  war¬ 
rant  the  assertion,  that  in  the  purchase  of  every  article  a  saving 
can  be  realized. 


REGISTERS  AND  MAGNETS. 

Relative  to  registers,  magnets,  keys,  and  other  parts  of  the 
machinery,  there  will  be  vast  improvements  submitted.  Not  by 
the  introduction  of  fanciful  ideas  or  the  application  of  new 
principles,  but  by  the  proper  construction  of  machines,  calcu¬ 
lated  to  make  them  last,  and  prove  serviceable,  totally  dis¬ 
regarding  all  freaks  of  fancy  in  the  peculiar  scroll,  harp,  fiddle, 
or  banjo  construction  of  the  instrument.  There  is  no  reason 
why  a  machine  should  not  wear  twenty  years,  as  certainly  as  the 
varieties  of  machinery  common  in  mechanics.  The  re-supply¬ 
ing  of  lines  every  few  years  is  a  heavy  tax.  To  re-supply  the 
offices  of  America  with  machines  will  cost  at  least  $75,000.  The 
breakage  of  an  instrument  has  frequently  occasioned  more  loss 
than  the  price  of  a  dozen,  and  generally,  this  loss  is  occasioned  by 
the  application  of  fanciful  ideas,  without  regard  to  utility.  The 
enterprise  throughout  the  country  may  depend  upon  this  subject 
receiving  from  the  Committee  the  most  careful  consideration. 

AGGREGATE  ANNUAL  EXPENSE. 

Having  considered  the  cost  of  the  various  materials  common 
in  the  telegraph  service,  the  annexed  summary  is  presented,  as 
being  worthy  of  the  most  candid  reflection. 


Materials. 

Present 

Cost. 

Proposed 

Cost.  \ 

Nett  Gain. 

Nitric  Acid  ....... 

. 23,961 

60 ... . 

. 16,972 

80 . 

.  6,988 

80 

Sulphuric  Acid  . . . 

.  2,500 

00.. . . 

.  1,000 

00 . 

.  1,500 

00 

Zincs  . 

.  1,980 

00.  . . . 

.  1,320 

00 . 

.  660 

00 

Quicksilver . 

.  3,000 

00. . . . 

.  1,950 

00 . 

.  1,050 

00 

Message  Heads  .  . . 

. 25,000 

00. . . . 

. 12,000 

00 . 

. 13,000 

00 

Black  Ink  . 

.  3,200 

00. . . . 

.  1,120 

00 . 

.  2,080 

00 

Envelopes . 

. 13,400 

00 ...  . 

.  8,800 

00 . 

. 4,600 

00 

Pens  . 

.  3,600 

00. . . . 

.  1,200 

00 . 

.  2,400 

00 

Pencils . 

.  2,500 

00.... 

.  916 

66 . 

.  1,583 

34 

Totals... 

. $79,141 

60 _ 

. $45,279 

46 . 

.  ...  $33,862 

14 

Nett  gain,  $33,862,14!!  What  argument  could  be  more 
commanding  ?  Look  at  this  immense  saving,  and  then  who  can 
doubt  the  general  utility  of  a  concentration  of  the  purchase  by 
the  lines  ?  Not  only  is  the  gain  in  money  as  presented,  but  the 


44  shaffner’s  telegraph  companion. 

pure  and  unadulterated  material  is  procured,  and  more  efficient 
service  obtained.  Some  of  these  estimates  will  appear  large, 
but  they  are  based  upon  an  average  scale,  procured  from  reports 
of  various  lines.  The  lowest  estimates  have  been  taken  in  all 
cases  where  there  was  a  difference  of  opinion,  and  experience 
will,  beyond  all  doubt,  establish  the  fact  that  the  table  of  costs 
is  really  below  the  true  sums  now  paid. 

In  procuring  the  articles  from  the  Secretary,  there  will  be  no 
nitric  acid  mixed  with  oil  of  vitriol  to  increase  its  scale  of 
degrees,  and  at  the  same  time  rated  as  equal  in  value  to  the  pure 
article,  bio  sulphuric  acid  with  false  gauging,  and  mixed  with 
exhausted  acid.  No  zincs,  alloyed  with  lead,  tin-solder,  and 
iron.  No  quicksilver  alloyed  with  20  per  cent,  of  lead,  tin,  or 
other  base  metals,  destroying  its  usefulness  and  durability.  No 
porous  cups  made  of  brick-dirt  or  clay,  of  density  preventing 
a  flow  of  nitric.  No  tumblers,  almost  as  thin  as  wafers,  causing 
breakage  of  50  per  cent,  per  annum.  No  platinum  alloyed  with 
metals  of  half  value,  thereby  preventing  durability.  No  mes¬ 
sage  heads  at  enormous  rates  and  waste  of  revenue.  No  envelopes 
at  double  prices  for  inferior  quality,  and  of  every  species  of  paper. 
No  pencils  of  inferior  lead,  causing  a  great  waste  in  pointing. 

Such  are  the  views  entertained  by  the  Secretary,  in  the  fulfil¬ 
ment  of  the  important  resolutions  submitted  to  the  American 
Telegraph  Convention,  as  herein-before  recited. 

PRICES  PROPOSED. 

The  following  are  the  prices  now  proposed,  and  upon  which 
the  lines  may  depend  in  every  particular,  viz.  : 


Nitric  Acid,  per  lb . . .  8£cts. 

Sulphuric  Acid,  “  .  2 

Zincs,  “  .  8 

Quicksilver,  “  .  65 

Message  Heads,  per  1,000 . $1  20 

Envelopes,  Embossed,  per  1,000,  White .  1  60 

“  “  “  Straw  colored,  extra . 160 

“  Printed  “  Buff . 120 

Pencils,  per  dozen .  22 

Tumblers  “  . 2  00 

Porous  Cups  “  62 

Black  Ink,  quart  bottles .  28 

Platinum,  per  oz . 8  00 

Pens,  per  gross  .  30 

Clocks,  each . 10  00 


The  straw-color  envelope  is  a  very  superior  article.  T  he 
die  will  emboss  that  color  of  envelope  better  than  the  whi  te. 
If  generally  adopted,  the  manufacturers  contract  to  place  water¬ 
marks  in  the  paper,  indicating  it  as  the  telegraph  paper,  and 
granting  the  lines  its  exclusive  monopoly.  The  same  idea  will 
be  proposed  as  to  message-head  paper. 


t 


THE  AMERICAN  TELEGRAPH  CONFEDERATION.  45 

CASH  PRINCIPLES. 

The  Secretary  has  no  power  to  contract  debts  without  being 
individually  responsible.  The  rates  proposed  are  cash  prices. 
No  proposals  were  sought  on  the  credit  system,  because  no  means 
could  be  devised  to  meet  the  case.  The  cash  principle  is  the 
only  plan  to  insure  success. 

The  lines  can  estimate  their  supplies  for  the  coming  quarter, 
or  year,  and  the  whole  shipped  under  one  invoice.  This  will  be 
a  point  in  economy.  The  arrangements  are  such,  that  an  order 
for  all  the  materials,  and  for  any  quantity,  and  even  for  a  mil¬ 
lion  ot  message  heads,  can  be  placed  in  transportation  within 
twenty-four  hours  after  the  time  of  its  reception  by  the  Secretary. 

All  orders  must  be  addressed  to  the  Secretary,  at  Washing¬ 
ton  City ,  and  any  requiring  the  action  of  the  Committee  thereon, 
will  be  promptly  submitted. 

That  there  may  be  increased  confidence  in  the  arrangements 
herein  proposed,  the  Secretary  will  give  such  bonds  as  may  be 
deemed  necessary  by  the  Committee. 

The  cost  of  the  dies  for  embossing  the  envelopes  will  be  $5 
each.  The  cost  of  electrotypes  to  print  the  envelopes  will  be 
$1  to  $2  each.  The  cost  of  electrotypes  for  printing  message 
heads  will  be  $1  to  $2  each,  and  for  duplicates  50  cents  each. 
These  expenses  will  be  extra,  and  they  will  remain  as  the  prop¬ 
erty  of  the  Company. 

Before  closing,  the  Secretary  would  state  that  he  is  now  whol¬ 
ly  employed  under  the  directions  of  the  Committee,  appointed 
by  the  late  American  Telegraph  Convention,  in  carrjdng  out 
the  actions  of  that  body.  Their  counsel  will  form  his  course  of 
duty,  and  his  energies  will  be  untiring  in  the  service  of  the  en¬ 
terprise.  He  feels  too  much  interest  in  the  general  prosperity, 
to  allow  any  part  of  his  duty  to  remain  unperformed.  His  de¬ 
terminations  are,  to  render  all  service  possible  calculated  to 
elevate  the  Telegraph,  and  the  accomplishment  of  deeds  tending 
to  promote  the  general  and  universal  weal. 

Respectfully  submitted. 

TAL.  P.  SHAFFNER, 

Secretary. 


/ 


46 


shaffner’s  telegraph  companion. 


(Editorial. 

/ 


Introductory* — The  Telegraph  Companion,  as  now  issued,  is  an  improve* 
ment  on  the  old  series,  or  original  issue.  The  quarto  form  was  inconvenient. 

The  doctrines  promulgated  through  this  work  will  be  relative  to  the 
Science  and  Art  of  Telegraphing.  Many  years’  connection  with  the  Morse 
American  Electromagnetic  Telegraph, —a  participator  in  the  struggles  in  its 
extension  over  thousands  of  miles  of  territory,  even  along  the  borders  of,  and 
before  the  doors  of  the  red  man’s  home,  and  an  attentive  student  in  the  va* 
1'ious  legal  investigations]  in  the  courts  of  the  country,  have  infused  into  our 
mind  a  firm  conviction  of  its  superiority  and  originality  over  all  other  Elec* 
trie  Telegraphs  of  the  present  age. 

Our  teachings  will  be,  to  sustain  this  conviction,  being  in  accordance  with 
the  decrees  of  many  of  the  most  learned  jurists  of  the  land,  and  the  sane* 
tion  of  the  American  people. 

In  promoting  the  ends  in  view,  we  do  not  desire  to  discuss  them  in  a  man* 
ner  calculated  to  cast  any  disrespect  upon  other  systems  of  Electric  Tele* 
graphs,  but  at  the  same  time,  a  candid  discussion  of  the  merits  and  relative 
rights  of  the  diversified  systems  must  be  expected.  We  speak  thus  frankly, 
that  none  may  be  deceived  in  the  policy  pursued. 

The  whole  range  of  Telegraphing  will  be  considered,  embracing  the  man* 
ner  of  management,  working  and  general  policy,  the  construction  and  repair 
of  lines,  the  various  departments  of  operation,  and  qualities  of  materials 
consumed,  and  every  thing  requisite  to  elucidate  the  manual  of  Telegraphing. 

We  invite  a  fair  consideration  for  the  Companion,  and  a  liberal  encourage* 
ment.  With  these  remarks,  we  submit  the  first  number. 

TAL.  P.  SHAFENER. 

Terms  and  Time  of  Publication. — The  Companion  will  be  published 
monthly,  48  pages  in  each  number,  octavo,  making  over  600  pages  per  an* 
num.  Terms— $2,00  per  year,  payable  in  advance. 

The  Companion,  proper,  will  be  wholly  letter-press  writings,  and  will  em* 
brace  one  number  of  the  Compound  Tariff  Scale.  The  Tariff  Scale  will  be 
a  separate  publication.  The  works  will  issue  on  the  first  of  each  month. 

The  Compound  Tariff  Scale  will  contain  32  octavo  pages,  and  devoted 
entirely  to  Tariff  affairs,  being  30  pages  of  rule  and  figure  work,  and  two 
pages  of  explanatory  notes  relative  thereto. 

Terms — $2,00  per  year.  It  will  be  issued  monthly,  with  all  the  correc* 
tions  of  Tariffs,  and  new  offices  established  by  the  new  lines  built. 


% 


EDITORIAL. 


47 


Companion  and  Tariff  Scale. — The  Companion  will  be  sent  to  subscri¬ 
bers  for  $2,00  per  year.  The  Tariff  Scale  will  be  forwarded  at  $2,00  per 
year.  Both  publications  will  be  sent  to  one  address  for  $3,00  per  annum. 
We  hope  every  Operator,  and  every  Officer  of  the  different  Companies,  will 
give  us  the  necessary  material  aid  in  the  publication  of  these  important 
works.  Merchants  would  find  the  Tariff  a  very  useful  book  in  the  count¬ 
ing-room.  Stockholders  would  find  the  Companion  a  useful  book  in  ob¬ 
taining  a  proper  understanding  of  the  art  of  telegraphing.  We  hope  to 
have  the  co-operation  of  all  in  accomplishing  the  grand  desideratum. 

Our  Publications  again.— We  desire  it  to  be  distinctly  understood,  that 
in  the  publication  of  these  works  we  do  not  expect  gain.  They  will  cost 
more  than  the  subscription.  Already  there  has  been  expended  nearly  one 
thousand  dollars,  and  the  most  unanimous  subscription  will  not  meet  the 
outlay.  We  hope,  however,  the  Companies  will  give  all  the  aid  possible.  If 
the  works  pay  expenses  of  printing,  it  is  all  we  desire.  Our  labor  and  re¬ 
sponsibility  will  be  gratuitous  in  the  premises. 

Old  Subscribers. — The  subscribers  to  the  Companion  during  the  last 
year  can  have  their  choice  in  taking  either  of  the  works  for  the  coming 
year  at  the  same  price.  We  will  send  to  the  Company  subscribers  the  Ta¬ 
riff,  knowing  the  object  of  their  subscription  to  be  for  it.  To  the  Operators 
we  will  send  the  Companion.  If  any  change  is  desired,  we  will  cheerfully 
comply. 

Delay  of  Publication. — The  delay  has  not  been  intentional,  or  for  want  of 
energy,  but  as  a  question  of  policy.  The  change  of  place  of  publication 
from  Louisville  to  New-York,  and  the  change  of  positions  from  the  Presiden¬ 
cy  of  the  St.  Louis  and  New-Orleans  line,  to  the  Secretaryship  of  the  Gen¬ 
eral  Confederation,  required  a  change  in  the  order  of  things,  to  meet  the  ne¬ 
cessities  of  the  future.  It  is  our  purpose  to  publish  the  work,  let  the  sub¬ 
scription  be  large  or  small. 

The  American  Telegraph  Confederation  will  hold  the  next  annual 
meetingUn  Washington  City,  on  the  6th  day  of  March,  1854.  A  repre¬ 
sentation  from  every  Morse  line  in  the  United  States,  Canadas,  Mexico, 
Nova  Scotia,  or  in  other  words,  every  line  in  North  America,  is  expected  to 
be  represented  there.  We  have  already  heard  of  the  appointment  of  many 
delegates  to  attend  that  meeting,  and  we  hope  others  will  promptly  act  in 
the  matter.  Where  Presidents  or  Superintendents  have  authority  to  repre¬ 
sent  their  lines,  it  is  hoped  they  will  not  fail  to  attend. 

We  would  call  attention  to  the  official  circulars  in  the  present  number, 
as  involving  important  facts  for  the  consideration  of  every  Company. 

Atmospheric  Telegraph.— During  our  recent  trip  to  Boston,  we  visited 
the  rooms  of  the  Atmospheric  Dispatch  Company,  No.  24  Merchants’  Ex¬ 
change,  State  Street. 

We  had  but  little  confidence  in  the  practicability  of  the  enterprise,  prior 


48 


shaffner’s  telegraph  companion. 

to  an  examination  of  the  machine  and  witnessing  its  operation.  The  tubes 
were  made  of  lead,  about  two  inches  in  diameter,  and  about  twenty  feet 
long.  The  feasibility  of  the  invention  for  the  uses  designed  was  demon¬ 
strated  by  various  experiments.  Although  the  operation  seemed  to  be  per¬ 
fect,  yet  we  entertained  doubts  as  to  the  ultimate  success  of  a  long  line;  but 
Mr.  I.  S.  Richardson,  the  talented  inventor,  readily  presented  arguments, 
based  upon  fixed  laws  in  philosophy,  dispelling  all  fears.  Important  results 
will  characterize  this  invention,  though  many  difficulties  will  occur  in  its 
early  progress.  After  fruition  is  attained,  there  will  be  hundreds  claiming 
to  be  the  original  inventor.  Like  the  history  of  Morse,  men  who  were 
slumbering  in  ignorance  for  years  later  than  his  invention,  have  come  for¬ 
ward  and  claimed  to  be  the  sole  progenitor  of  the  great  art,  conceived  by 
Morse,  and  brought  to  perfection  by  the  toil  of  years. 

The  Atmospheric  Dispatch  Company  contemplate  constructing  a  line 
from  Boston  to  Worcester,  as  the  first  section  of  a  line  to  New-York. 
The  shares  are  $100  each,  payable  in  calls  of  ten  per  cent.,  com¬ 
mencing  on  the  1st  of  February,  1854.  Total  capital  stock,  $500,000.  The 
tube  to  be  two  feet  in  diameter,  for  conveying  letters  and  packages  to  and 
from  the  said  cities  and  intermediate  places,  allowing  fifteen  minutes  to  each 
transit. 

Although  we  feel  confident  of  successful  results  from  the  art  invented,  yet 
we  cannot  believe  in  the  realization  of  all  the  hopes  entertained  by  the  worthy 
and  ingenious  inventor.  If  it  accomplishes  one-half,  the  triumph  will  be 
great.  The  achievement  will  rival  in  brilliancy  the  brightest  star  of  this 
progressive  age.  It  will  be  one  of  the  most  marvellous  and  resplendent 
gems  that  bedeck  the  illustrious  escutcheon  of  American  ingenuity. 

Telegraph  Magazine. — It  has  been  announced  that  the  Companion,  pub¬ 
lished  heretofore  at  Louisville,  was  to  be  united  with  the  Telegraph  Maga¬ 
zine,  published  in  New-York.  Such  was  the  design  of  the  proprietors  of  the 
two  publications,  but  circumstances  have  occurred  rendering  the  union  in¬ 
expedient. 

A  Baby  Battery. — While  on  a  visit  to  Boston,  not  long  since,  we  called  on 
Messrs.  Palmer  &  Hall,  Telegraph  Instrument  Manufacturers,  and  were  shown 
a  baby  battery,  composed  of  zinc  and  copper,  and  dilute  sulphuric  acid. 
The  plates  were  one-eighth  of  an  inch  square,  and  as  thin  as  a  common  wa¬ 
fer.  The  action  of  the  battery  was  sufficient  to  work  the  largest  Relay 
Magnet.  It  was  a  beautiful  exhibition,  and  its  minuteness  gave  it  no  ordina¬ 
ry  degree  of  novelty. 

Alarm  Telegraph. — Houses  are  now  being  built,  in  cities,  with  telegraphs 
connecting  each  window  and  door  with  the  bed-chamber ;  so  that  in  case  of  the 
entry  of  burglars  at  night,  an  alarm-bell  is  sounded,  waking  up  the  residents, 
and  advising  a  sudden  retreat  of  the  nocturnal  invader.  This  is  an  important 
improvement,  worthy  of  general  use. 

A  New  Battery. — We  had  the  pleasure  of  examining  a  new  galvanic  bat- 


EDITORIAL. 


49 


tery,  invented  by  Mr.  Moses  G.  Farmer,  Superintendent  of  the  Electric  Tel¬ 
egraph  of  the  Boston  Fire  Department.  Gallon  Jars,  large  porous  cups,  and 
amalgamated  zinc  are  used,  differently  constructed  from  Grove  battery.  The 
mode  of  application  secures  a  constant  battery  for  some  thirty  days  without 
renewal.  We  hope  to  have  a  detailed  account  of  the  invention  of  Mr.  Far¬ 
mer,  and  if  it  proves  more  economical,  and  attains  an  electric  current  equal 
to  the  Grove  battery,  it  will  deserve  the  immediate  consideration  of  the  vari¬ 
ous  Telegraph  Companies. 

Balize  Telegraph  Line. — This  line  extends  from  Algiers,  opposite  New- 
Orleans,  to  the  Balize,  at  the  mouth  of  the  Mississippi  river.  It  is  owned 
by  the  Union  Tow-Boat  Company,  and  is  well  manrged.  The  length  is  120 
miles.  To  commerce  it  proves  to  be  of  infinite  value. 

The  Telegraphs  in  Canada. — In  no  section  of  America  are  there  more 
lines  in  progress  of  construction  than  in  the  Canadas.  We  hear  of  some 
three  thousand  miles  now  being  built.  These  lines  will  greatly  aid  the  gen¬ 
eral  system,  and  advance  the  prosperity  cf  existing  lines.  As  soon  as  we 
can  collect  proper  material,  we  will  give  more  definite  news  as  to  their  ex¬ 
tent. 

Atlantic  and  Ohio  Telegraph  Line. — This  Company  has  two  wires 
from  Philadelphia,  through  Harrisburg  and  other  towns,  to  Pittsburg.  A 
leased  wire  from  the  Magnetic  Telegraph  Company  between  Philadelphia 
to  New-York,  is  worked  by  this  Company  as  a  more  direct  connection 
with  the  latter  city.  Mr.  David  Brooks  has  lately  been  elected  Superintend¬ 
ent  of  the  lines  of  this  Company.  Mr.  Brooks  is  a  gentleman^  well  qualified 
for  the  station,  and  a  thorough  telegrapher.  He  is  familiar  with  all  the  vari¬ 
ous  departments,  and  his  acts  are  characterized  with  excellent  judgment.  He 
labours  for  success  by  an  economical  and  judicious  management,  laying  aside 
all  freaks  of  fancy,  and  adopting  the  useful.  We  most  certainly  wish  him 
success,  and  that  the  prosperity  of  the  line  may  be  triumphant. 

The  Magnetic  Telegraph  Company. — This  is  the  oldest  Electro-Mag¬ 
netic  Telegraph  Company  in  the  world.  It  extends  from  Washington, 
through  Baltimore  and  Philadelphia,  to  New-York.  It  has  seven  wires.  The 
management  of  this  line  is  somewhat  peculiar,  but  well  suited  to  its  neces¬ 
sities.  In  a  future  number,  a  detailed  account  of  the  system  will  be  given, 
believing  that  other  lines  can  be  benefited,  bj"  the  adoption  of  equivalent 
plans  of  operation.  Wm.  M.  Swain,  Esq.,  is  the  indefatigable  and  talent¬ 
ed  President. 

% 

Boston  and  Portland  Line. — For  many  years  the  line  between  these 
two  cities  has  been  owned  and  managed  by  the  Hon.  F.  0.  J.  Smith.  Re¬ 
cently  he  sold  the  entire  line,  120  miles,  to  the  Maine  Telegraph  Company, 
which  gives  it  a  continuous  wire  from  Boston  to  Calais,  Me.  The  steamers’ 
news  is  now  sent  direct  from  Halifax  to  Boston.  We  ardently  hope  that  this 
line  will  realize  a  handsome  revenue;  but  we  cannot  comprehend  the  neces- 

4 


50 


shaffner’s  telegraph  companion. 

sity  of  connecting  with  an  adversary  in  Boston.  Morse  lines  ought  to  con¬ 
nect  with  each  other.  The  policy  adopted  by  Mr.  Smith,  a  few  years  ago, 
refusing  business  from  illegitimate  lines,  was  universally  condemned.  We 
can  see  but  little  difference  in  the  policy  now  adopted  by  Mr.  Eddy,  the  Su¬ 
perintendent,  in  his  separation  from  the  Morse  lines  in  Boston  and  connect¬ 
ing  with  the  House  line.  The  largest  patronage  received  from  other  lines  is 
from  the  Morse  Companies.  The  return  business  is  sent  back,  by  Mr.  Eddy 
through  a  different  line,  and  one  too,  limited  in  extent,  connecting  but  few 
towns  in  the  United  States.  The  consummation  of  prosperity  is  only  at¬ 
tained  by  an  unbroken  connection. 

New  Magnetic  Battery. — A  short  time  since  we  visited  Providence,  R. 
I.,  to  witness  the  operation  of  a  new  battery  in  course  of  construction,  de¬ 
signed  to  propel  boats,  or  used  as  a  motive  power  in  mechanics  generally, 
and  to  be  applied  to  Telegraph  lines.  Mr.  Calvin  Carpenter,  the  inventor, 
has  displayed  a  great  deal  of  zeal  and  genius  in  the  construction  of  the  work. 
A  patent  has  recently  been  granted  him  for  the  invention.  We  saw  various 
experiments  performed,  and  they  were  really  wonderful.  A  small  wire  was 
placed  in  the  circuit  and  instantly  burnt  into  pieces.  The  power  was  great, 
and  the  current  of  electricity  seemed  to  be  even,  and  attaining  what  some 
gentlemen  style  quantity  and  intensity  as  verified  by  the  diversified  tests. 
The  large  battery,  Mr.  Carpenter  estimates,  is  equal  in  strength  of  100,000 
pounds.  In  a  future  number  we  will  give  a  minute  description  of  the  ma¬ 
chine.  To  Mr.  F.  O.  Gilbert,  Manager  of  the  Telegraph  Office,  and  to  Gov. 
Jackson,  we  are  indebted  for  much  information  derived  while  at  Providence. 

Iron  Wire. — In  the  construction  of  Telegraph  lines,  a  good  quality  of  iron 
wire  is  more  important  than  any  other  portion  of  material  used.  For  the 
same  reason  that  required  the  copper  wire  to  be  taken  down  from  the  early 
lines,  demand  the  use  of  the  very  best  iron  wire  that  can  be  procured.  We 
have  seen  all  qualities  used.  Some  worthless,  and  some  very  superior, 
Messrs.  Dewey  &  Co.,  at  Wheeling,  Ya.,  have  probably  manufactured  the 
best  wire  employed  for  Telegraph  lines  west  of  the  mountains.  The  wire 
was  made  from  the  Missouri  Iron  Mountain  ore,  which  is  doubtless  superior 
to  any  other  iron  of  America.  We  think  so,  because  the  wire  manufactured 
from  that  ore  has  proved  the  most  substantial. 

Recently  we  were  shown  some  specimens  of  wire  from  the  extensive 
manufactory  of  Mr.  Henry  S.  Washburn,  at  Worcester,  Mass.  It  excelled 
all  other  wire  that  we  have  witivessed.  The  testings  were  startling  and  al¬ 
most  beyond  belief.  We  have  never  seen  wire  of  equal  quality  used  by  any 
line  in  America,  though  we  understand  that  Messrs.  Smith  &  Ward — who 
are  very  worthy  and  energetic  gentlemen — have  purchased  a  lot  of  the  same 
wire  for  some  new  lines  being  constructed  by  them  in  Texas. 

The  question  as  to  quality  of  wire  will  be  presented  to  the  General  Com¬ 
mittee,  at  Washington  City,  and  we  indulge  the  hope  that  some  means  will 
be  adopted  to  aid  Telegraph  builders  in  procuring  the  very  best  wire  in  the 
construction  or  repairing  of  lines. 


EDITORIAL. 


51 


The  St.  Louis  and  New-Orleans  Telegraph.— This  line  extends  from 
St.  Louis,  Mo.,  to  Nashville,  Tenn.,  via  Cairo,  Ill.,  and  Paducah,  Ky. 
Length,  about  400  miles.  River  crossings  has  greatly  retarded  the  prosperity 
of  this  line.  During  the  past  summer,  submarine  Cables  have  been  laid  across 
the  various  streams,  and  now  the  Company  work  successfully  through  ca¬ 
bles  across  the  Ohio,  Mississippi,  Tennessee  and  Merrimac  rivers,  making 
the  most  extensive  submarine  line  in  America.  A  reliable  connection  south 
cf  Nashville  with  New-Orleans,  will  enable  the  line  to  pay  a  handsome  div¬ 
idend  at  an  early  day.  Col.  Wm.  Tanner  is  President. 

New-Orleans  and  Ohio  Telegraph.— The  line  of  this  Company  extends 
from  New-Orleans,  via  Vicksburg,  Nashville,  Louisville,  Maysville,  Cincin¬ 
nati,  Wheeling,  to  Pittsburg,  connecting  with  the  lines  running  to  New-York, 
giving  a  direct  intercourse  thereto  from  New-Orleans.  This  Company  has 
two  wires  from  Louisville  to  New-Orleans,  which  makes  not  less  than  two 
wires  from  Boston  to  New-Orleans.  The  revenue  of  this  Company  is  nearly 
$200,000  per  annum,  and  is  rapidly  increasing.  Col.  Wm.  Tanner  is  Presi¬ 
dent.  While  the  Company  has  the  services  of  one  in  whom  confidence  can 
be  so  implicitly  placed,  as  can  be  with  Col.  Tanner,  there  need  be  no 
fears  of  the  property  of  the  Company  being  wasted  away,  by  wild  and  ex¬ 
travagant  schemes,  such  as  has  marked  the  career  of  some  other  lines  in 
America. 

Rail-Road  Telegraphs. — Since  it  has  been  established,  that  Telegraph 
lines  greatly  benefits  the  Rail-road  routes  by  economy  in  running,  and  safety 
of  lives,  nearly  all  of  the  leading  roads  in  the  country  are  securing  lines  along 
their  routes,  and  appropriating  liberal  sums  for  their  use.  The  day  is  not  far 
distant,  when  every  Rail-road  throughout  the  land  will  be  compelled  to  adopt 
the  use  of  the  Telegraph  in  the  running  of  their  trains.  We  will  discuss 
this  question  in  future. 

Pittsburgh,  Cincinnati  and  Louisville  Line. — The  Company  extends  from 
Pittsburgh  via  Cincinnati  to  Louisville.  Two  wires  the  entire  distance. 
This  line  is  one  of  the  best  in  the  United  States,  having  business  con¬ 
nections  with  several  long  ranges.  Mr.  Jackson  Duncan  is  Superintendent, 
and  is  actively  engaged  in  the  management  of  the  line.  Mr.  Duncan  is  a 
practical  man,  well  qualified  for  the  office,  and  ere  many  months  the  Com¬ 
pany  will  realize  the  advantage  of  having  a  Superintendent,  who  studies  the 
economy  as  well  as  theory  of  operation.  The  man  that  can  go  out  on  the 
line,  and  partake  with  the  men  in  the  hardships  of  repairs,  like  Mr.  Duncan, 
Mr.  Brooks,  Mr.  Woods,  and  a  host  of  others  like  them,  are  the  men  for 
Superintendents. 

Telegraph  Incident. — Early  in  November  last,  the  wire  of  the  Montreal 
Telegraph  Line,  near  Nortlifield,  Vt.,  was  by  some  means  caught  by  the  loco¬ 
motive  of  a  train  of  cars,  on  the  Vermont  Central  Rail-road,  and  stripped 
from  the  poles  for  a  distance  of  fifteen  miles.  This  demonstrates  two  facts : 
1st,  that  the  wire  was  good,  and  2d,  that  the  poles  were  totally  worthless. 


52 


shaffner’s  telegraph  companion. 

Boston  Telegraph  Offices. — The  lines  running  into  Boston  have,  nearly 
all,  offices  of  their  own,  which  necessarily  occasions  great  inconveniencer 
and  increased  expense. 

The  Boston  and  New-York  line  has  an  office  in  building  76  State-street, 
up  stairs.  Bain  line  to  Portland,  in  same  office. 

The  Northern  line  to  Montreal  is  in  same  building,  first  floor  in  rear. 

The  Yermont  and  Boston  line  has  an  office  in  same  building,  up  stairs. 

The  Maine  Telegraph  line  has  an  office  on  first  floor,  Traveller  Building,  31 
State-street. 

Marine  Telegraph  line  is  in  the  Merchants7  Exchange  Reading  Room. 

The  Boston,  Lowell,  Troy,  House  line,  is  in  77  State-street. 

The  New-York  and  Boston,  House  line,  is  in  Traveller  Building,  31  State- 
street. 

The  offices  are  very  accessible;  but  the  people  must  be  well  informed  in 
telegraphing  to  know  what  route  to  patronize. 

New-York  and  Boston  Line. — This  Company  is  styled  “The  New- 
England  Union  Telegraph  Company.’7  It  has  five  wires,  with  many  lateral 
branches.  The  wires  embrace  all  of  the  Morse  and  Bain  lines.  The  latter 
system  has  been  totally  abolished,  and  the  Morse  machines  substituted. 

This  is  one  of  the  most  important  lines  in  the  United  States,  connecting 
two  of  the  largest  cities  in  the  Union.  Unfortunately  it  has  been  allowed  to 
go  to  wreck,  and  nearly  the  whole  requires  rebuilding.  The  insulation  is 
mixed.  Every  kind,  and  nearly  the  very  worst  ever  devised,  is  in  use.  It 
is  astonishing  to  see  such  a  state  of  affairs  on  an  important  line  like  this.  It 
has  not  worked  successfully  for  some  time  past,  and  never  will  until  thorough¬ 
ly  repaired.  Mr.  Charles  F.  Wood,  late  of  the  Magnetic  Office,  in  New- 
York,  has  been  elected  Superintendent.  He  has  been  for  some  time  engaged 
in  repairing.  Mr.  Wood  is  a  finished  telegrapher.  He  knows  his  duty,  and 
he  is  nobly  performing  it.  His  perseverance  is  equal  to  the  necessities  of 
the  task,  and  his  fine  judgment  brought  to  use  in  the  execution  of  his  offiee, 
will  produce  results,  crowning  his  efforts  with  the  most  cheering  and  triumph¬ 
ant  success. 

Wade  Telegraph  Lines. — These  lines  are  those  built  and  managed  by 
J.  H.  Wade,  Esq.,  of  Ohio.  One  embraces  the  Cincinnati,  Columbus,  and 
Cleveland  line ;  another,  the  Cincinnati  and  St.  Louis  line,  and  in  addition, 
several  branch  lines  and  Rail-road  routes.  Mr.  Wade  is  building  an  exten¬ 
sive  range  of  lines  along  the  Rail-roads  in  Ohio  and  Indiana.  If  there  is  a 
telegraph  man  in  the  United  States  deserving  of  credit  for  energy  and  good 
management,  it  is  Mr.  Wade.  He  has  conducted  his  lines  upon  a  liberal,  yet 
economical  scale.  He  does  not  falter  in  expending  a  dollar  where  ten-fold 
will  result  therefrom.  Some  managers  of  lines  hold  on  to  the  dollar,  and 
allow  the  line  to  go  to  wreck ;  others,  again,  spend  every  dollar  for  fancy 
and  extravagant  show.  Not  so  with  Mr.  Wade.  He  is  a  saving  man, 
energetic  and  just,  possessing  abilities  equal  to  his  position.  Success  has 


EDITORIAL. 


53 


crowned  his  efforts,  and  his  career  as  a  telegrapher  has  been  marked  as  con¬ 
servative,  and  equal  in  skill  to  that  of  any  other  gentleman  engaged  in  the 
enterprise. 

New-York,  Washington,  and  New-Orleans  Line. — This  Company  is 
one  of  the  pioneer  lines  in  the  United  States.  It  was  built  by  Mr.  John  J. 
Haley.  The  line  extends  from  Washington  City,  via  Richmond,  Va.,  Raleigh, 
N.  C.,  Columbia,  S.  C.,  Macon,  Ga.,  Mobile,  Al.,  to  New-Orleans.  A  leased 
wire,  belonging  to  the  Magnetic  Telegraph  Company,  connecting  the  line  of 
the  Company  at  Washington,  direct  with  Philadelphia  and  New-York,  is  also 
under  the  management  of  that  line.  The  office  in  New-York  greatly  in¬ 
creases  the  revenue  of  the  line.  Its  income  is  very  large.  S.  Mowrey,  Jr.,  is 
President,  and  although  new  in  the  business,  we  have  unlimited  confidence 
in  his  superior  judgment  in  the  management  of  the  line.  It  is  one  of  the 
longest  in  the  United  States,  and  the  difficulties  of  working  are  many.  The 
most  patient  and  energetic  man  will  have  times  of  sorrow ;  but  we  think 
Mr.  Mowrey  will  never  allow  fail  to  enter  his  mind.  He  meets  a  liberal  and 
hearty  encouragement  from  the  many  gentlemen  employed  on  the  line,  and 
his  success  may  be  considered  as  beyond  doubt. 

Texas  Telegraph  Line. — While  Texas  existed  as  a  Republic,  Prof.  Morse 
presented  his  Patented  Telegraph  to  the  nation  as  a  token  of  respect  and 
esteem.  He  receives  no  consideration  for  lines  constructed  in  the  State  of 
Texas. 

We  understand  that  Messrs.  Smith  and  Ward  are  pushing  forward  the  con¬ 
struction  of  many  miles  of  lines  in  Texas.  They  have  had  to  contend  with 
many  difficulties,  but  we  are  rejoiced  to  hear  of  their  success.  Their  per¬ 
severance  entitles  them  to  great  praise,  and  liberal  realization  of  material 
relief. 

Western  Telegraph  Line. — This  line  extends  from  Baltimore,  via 
Frederick,  Harper’s  Ferry,  and  Cumberland,  to  Wheeling,  with  a  branch 
from  Brownsville  to  Pittsburgh.  It  is  about  360  miles  long.  The  Company, 
last  summer,  made  a  contract  to  run  a  wire  along  the  Baltimore  and  Ohio 
Rail-road.  The  line  will  be  completed  on  or  before  January,  1854.  This 
Company  is  paying  a  dividend,  and  the  prospects  for  the  future  are  very  en¬ 
couraging.  Geo.  R.  Dodge,  Esq.,  is  President. 

Bain  Line  from  Lowell  to  Gardner. — A  line  of  telegraph  has  been 
erected  from  Lowell  to  Gardner,  Mass.,  via  Fitchburg,  on  which  the  Bain 
system  was  designed  to  be  worked.  The  revenue  not  being  sufficient  to  sus¬ 
tain  it,  the  property  has  been  sold,  and  operations  suspended.  Some  of  the 
wire  has  been  taken  down.  Small  routes,  or  lines,  having  many  offices,  can 
only  succeed  with  the  use  of  the  Morse  system.  Transferring  work  from  one 
office  to  another,  at  will,  is  one  of  the  principal  elements  of  success. 

Indiana  and  Illinois  Line. — This  range  of  lines  is  very  extensive,  run¬ 
ning  from  Cincinnati  to  Day  .on,  Indianapolis,  Terre  Haute,  Detroit,  Chicago 


54 


shaffner’s  telegraph  companion. 

&c.,  being  in  length  over  700  miles.  During  the  past  year,  it  was  leased  for 
a  term  of  years,  to  Mr.  Ezra  Cornell,  who  is  one  of  the  oldest  telegraphers 
in  America.  He  was  on  the  first  line  built,  and  his  experience  and  ingenuity 
enables  him  to  surmount  many  difficulties  that  ordinary  men  would  fail  in 
their  efforts  to  overcome.  Mr.  C.,  like  many  of  the  old  telegraphers,  has 
braved  the  storms  and  tempests,,  and  we  do  hope  the  remainder  of  his  career 
in  the  telegraph  will  be  as  brilliant  and  cheering  as  his  pathway  in  the  past 
has  been  rugged  and  gloomy. 

Yellow  Fever  in  the  South. — This  fatal  disease  has,  during  the  past 
summer,  swept  over  the  Southern  country  with  disastrous  results.  Towns 
and  cities  suffered  sadly.  In  the  midst  of  the  epidemic,  the  telegraph  lines 
were  not  excepted;  many  of  the  operators  were  the  victims  of  the  fever. 
Mr.  B.  P.  Crane,  Mr.  Achilles  Herbert,  and  others  of  the  National  lines  in 
New-Orleans,  fortunately  recovered.  Not  so  blessed  were  IT.  F.  Watkins, 
chief  operator  at  New-Orleans,  W.  H.  Grogan,  and  T.  S.  Titcomb,  formerly 
of  the  same  office,  and  also  W.  Clayton,  chief  operator  of  the  Mobile  office, 
of  the  Washington  line.  They  were  victims  of  the  fell  destroyer.  They  were 
faithful  and  efficient  officers.  We  record  their  early  departure  from  among 
us,  with  pensive  feelings,  that  useful  men  like  those  should  be  so  early  u  borne 
from  whence  no  traveller  returns.” 

Maysville  Submarine  Cable. — We  regret  to  learn  that  the  electric  cablet- 
constructed  for  the  Maysville,  Ky.,  crossing,  proved  worthless^  after  applying 
the  greatest  energy  to  secure  success.  Cause  of  failure  was  over-heating  the 
gutta  percha,  destroying  its  insulation,  and  thereby  connecting  the  electric- 
wires.  Cables  constructed  on  the  same  principle  can  be  made  effective  by 
proper  care  and  the  use  of  suitable  machinery.  The  reels  were  too  small,  and 
the  twist  proved  fatal. 

New-York,  Albany  and  Buffalo  Line. — We  are  rejoiced  to  hear  of  the 
prospects  of  this  line.  The  Company  has  several  wires  on  their  main  line, 
and  also  a  number  of  branch  lines  as  feeders.  Mr.  F.  H.  Palmer,  of  New- 
York,  is  the  Superintendent  of  the  line  from  New-York  to  Utica,  and  Mr. 
0.  E.  Wood,  Superintendent  from  Utica  to  Buffalo.  These  gentlemen  are 
practical  managers,  and  well  versed  in  the  art  of  telegraphing.  If  the  line 
cannot  succeed  under  the  management  of  such  gentlemen,  there  can  be  but 
little  hope  in  the  future.  They  are  actively  engaged  in  making  repairs, 
and,  ere  long,  the  line  to  Buffalo  from  New-York  can  be  relied  upon  as  one 
of  the  most  efficient  and  reliable  in  the  United  States.  Mr.  John  But¬ 
terfield,  of  Utica,  is  President. 

Newfoundland  Telegraph  Line. — We  understand  that-  this  Company 
has  suspended  further  work  in  the  construction  of  the  submarine  line  to 
Cape  Race,  from  Halifax,  until  spring.  They  are  confident  of  success.  The 
steamers  to  run  in  connection  with  this  line,  between  Galway  and  America, 
are  in  course  of  construction.  Unparallelled  speed  is  expected  in  the  rum 
ning  of  these  steamers. 


EDITORIAL. 


55 


House  Lines. — The  line  of  this  system  running  from  New-York  to  Wash¬ 
ington,  is  doing  a  very  fine  business.  Mr.  Henry  J.  Rogers  is  the  Superin¬ 
tendent.  He  is  one  of  the  oldest  telegraphers  in  the  United  States,  having 
been  associated  with  Prof.  Morse  in  the  management  of  the  first  line  in 
America,  and  is  well  versed  in  the  science  of  electric  telegraphs.  Various 
improvements  have  been  invented  by  him,  and  his  diversified  talents  are 
equal  to  any  emergency.  We  regretted  that  Mr.  Rogers  found  it  to  be  his 
interest  to  leave  the  “art  that  has  worked  so  well’’  amid  storm  and  tempest. 

The  line  from  New-York,  via  Albany,  Buffalo,  Cleveland  and  Cincinnati, 
to  Louisville,  is  under  the  Superintendence  of  Mr.  Anson  Stager,  of  Buffalo. 
It  is  a  long  range  of  lines,  and  the  difficulties  of  management  must  be  very 
great.  Fortunatel}*-,  however,  for  the  Company,  Mr.  Stager  is  well  qualified 
for  the  position.  He  is  a  thorough  telegrapher,  understanding  the  working 
of  lines  as  well  as  any  other  gentleman  engaged  in  the  business.  His 
zeal  and  qualifications  entitle  him  to  richer  rewards  than  are  usually  attained 
in  the  telegraph  enterprise. 

The  business  of  the  line  from  New-York  to  Louisville  is  very  large  and 
rapidly  increasing. 

Damage  by  Sleet. — The  recent  storms  in  the  north  greatly  damaged  the 
Telegraphs.  The  New-York,  Albany  and  Buffalo  suffered  very  much,  but 
the  line  from  Orwell,  Vt.,  to  White  Hall,  N.  Y.,  and  thence  to  Rutland,  Vt., 
was  totally  destroyed.  The  wire  was  broken  between  nearly  every  pole. 
The  damage  was  so  great  that  fears  are  entertained  that  the  repairs  will  not 
be  completed  before  spring. 

Telegraph  Controversies. — We  have  received  a  communication, with  a 
request  for  publication,  from  a  friend,  which  reviews  very  critically  the  man¬ 
agement  of  one  of  the  lines  in  the  United  States.  We  would  gladly  publish 
it  if  we  thought  good  would  be  the  result.  We  desire  to  be  cautious  in  med¬ 
dling  with  the  private  affairs  of  Companies.  We  prefer  to  point  out  reme¬ 
dies  for  evils,  without  being  too  particular  in  noticing  the  localities  of  exist¬ 
ing  wrongs.  Where  an  evil  affects  the  general  system  of  telegraphing,  we 
will  not  fail  to  condemn,  hoping  to  promote  prosperity,  and  not  foster  con¬ 
tentions. 

Correspondents. — We  respectfully  invite  letters  from  telegraphers  of  all 
positions,  relative  to  the  mode  of  telegraphing,  and  all  news  pertaining  to 
lines,  and  business  thereon.  Any  question  of  the  science  is  a  matter  of  in¬ 
terest.  Let  every  body  write. 

A  Model  Battery. — There  is  nothing  about  the  telegraph  business  more 
essential  in  successful  management,  than  care  in  the  battery  series.  We 
always  visit  the  batteries  wherever  an  opportunity  offers.  Among  those  of 
the  most  beautiful  and  best  arranged  in  the  United  States,  is  that  in  the 
New-York  office  of  the  New-England  Union  Company,  under  the  manage¬ 
ment  of  Mr.  Charles  T.  Smith.  He  has  had  as  much  experience  in  batte¬ 
ries  as  any  other  gentleman  in  the  country,  and  he  adheres  to  the  settled 


56 


shaffner’s  telegraph  companion. 


doctrines  of  the  Grove  series.  Experience  of  many  years  has  demonstrat¬ 
ed  its  superiority,  and  he  delights  in  witnessing  its  perfection.  It  must  af¬ 
ford  the  early  projectors  of  electric  telegraphs  great  pleasure,  to  find  the  old 
veterans  in  practical  telegraphing,  like  Mr.  Smith,  dispel  all  the  new  doubtful 
schemes,  and  hold  to  that  which  has  proved  to  be  profitable  and  wholly  suc¬ 
cessful  for  many  years. 

Cuba  Telegraph  Lines. — We  see  announced,  through  the  press,  the  sus¬ 
pension  of  the  further  erection  of  the  telegraph  lines  in  Cuba,  by  the  Gov¬ 
ernment. 

Western  Telegraph. — The  stockholders  of  the  Texas  and  Red  River 
Telegraph  Company  assembled  at  Shreveport,  and  organized  by  electing  the 
following  officers : 

President — D.  S.  Welder.  Secretary — J.  G.  Battle.  Directors — B.P.  Crane, 
D.  F.  Roysden,  J.  W.  Morris,  of  Shreveport;  L.  R.  Walmesly,  T.  H.  Aives, 
of  Natchitoches;  H.  Lynch,  M.  Ryan,  T.  C.  H.  Smith,  of  Alexandria. 

The  stock  was  very  fully  represented,  and  the  best  spirit  prevailed.  No 
doubt  is  entertained  of  the  completion  of  the  line  at  an  early  day.  The  yel¬ 
low  fever  has  greatly  hindered  the  builders  in  its  construction,  but  their  ener¬ 
gies  are  equal  to  the  most  extraordinary  difficulties.  The  line  is  built  by 
Messrs.  Smith  &  Ward. 

William  Tanner,  Esq. — We  had  hitherto  neglected  to  mention  the  fact, 
that  this  gentleman,  who  has  been  so  long  and  favorably  known  to  the  pub¬ 
lic  as  an  editor  and  telegraph  proprietor,  has  recently  been  elected  President 
of  the  St.  Louis  and  New-Orleans  Telegraph  Company,  to  fill  the  vacancy 
occasioned  by  the  resignation  of  Tal.  P.  Shaffner,  Esq.,  who  goes  to  Wash¬ 
ington  City,  as  Secretary  of  the  American  Telegraph  Confederation.  Two 
better  men  for  the  posts  they  have  been  called  to  fill,  could  not  be  found ; 
and  we  congratulate  them  both,  upon  their  upward  tendency. — Pad.  Penant . 

Submarine  Telegraph  Cables. — We  shall,  in  future  numbers  of  the  Com¬ 
panion,  discuss  the  various  modes  of  crossing  rivers.  From  sad  experience 
we  are  convinced  that  masts  are  not  the  most  reliable  nor  economical.  The 
following  notices,  from  the  press,  are  a  few  pertaining  to  the  electric  cables 
submerged  in  the  western  waters.  The  newspapers  throughout  the  country 
have  favorably  noticed  these  cables,  and  their  superior  excellence  is  evi¬ 
denced  from  the  tests  applied.  Though  they  pertain  to  our  own  work,  yet 
we  hope  their  republication  will  not  be  considered  out  of  place,  contemplat¬ 
ing,  as  we  do,  to  give  the  progressive  movements  in  the  entire  telegraph  en¬ 
terprise,  and  the  subject  of  submarine  crossings  is  one  of  great  importance 
to  the  prosperity  of  many  lines.  Since  the  construction  of  the  cables,  men¬ 
tioned  in  the  following  notices,  the  same  gentlemen  have  invented  very 
great  improvements  thereon.  Here  are  a  few  notices  : 

Submarine  Telegraph  at  Paducah. — The  great  submarine  Telegraph 
Cable,  on  the  St.  Louis  and  New-Orleans  Telegraph  Line,  was  laid  across  the 
Ohio  river  at  this  place,  on  Monday  last,  the  26th  inst.  We  examined  this 
strange  piece  of  mechanism,  a  few  days  previous  to  the  time  it  was  deposited 


EDITORIAL.  57 

in  its  watery  abode,  and  was  not  a  little  astonished  at  its  wonderful 
strength. 

The  whole  forms  a  cable  of  near  two  inches  in  diameter,  and  it  is  much 
the  largest  and  most  substantial  cable  of  the  sort  in  the  known  world. 

We  are  told  that  the  great  cable  across  the  channel  from  England  to 
France,  is  inferior  in  size  to  this,  and  by  no  means  as  well  insulated  for  elec¬ 
trical  application  ;  while,  in  point  of  strength,  it  will  not  compare  at  all  with 
the  one  at  this  place. 

This  stupendous  wire,  which  now  conducts  the  lightning  from  shore  to 
shore,  beneath  the  bed  of  the  majestic  Ohio,  is  4,200  feet  in  length,  and  the 
longest  one  to  be  found  in  the  United  States.  It  has  been  constructed  by 
that  amiable  and  accomplished  gentleman,  Tal.  P.  Shaffner,  Esq.,  late  Presi¬ 
dent  of  the  Company,  and  now  Secretary  of  the  American  Telegraph  Con¬ 
federation,  assisted  by  J.  B.  Sleeth,  mechanical  engineer.  These  gentlemen 
have  made  improvements  in  the  construction  of  cables,  both  scientific  and 
mechanical,  which  will  entitle  them  to  Letters  Patent,  and  the  country  may 
well  be  proud  of  them,  as  men  of  skill  and  ability,  in  whatever  they  may 
undertake. 

The  wires  on  this  line,  we  understand,  have  been  exceedingly  troublesome 
and  expensive  to  the  Company ;  upwards  of  $20,000  having  been  expended 
in  unsuccessful  efforts  to  cross  the  Ohio  river  in  such  a  manner  as  to  secure 
them  against  accident ;  but  this  great  effort  has  accomplished  the  object,  and 
there  can  be  no  future  loss  sustained,  on  account  of  breakage  of  masts, 
wires,  &c. 

We  rejoice  that  the  work  has  been  successfully  accomplished,  and  that  it 
has  proved  fully  equal  to  the  most  sanguine  calculation  our  friend  Shaffner 
had  made  of  its  utility.  We  had  the  pleasure  of  receiving  the  first  dispatch 
which  ever  passed  under  the  Ohio,  on  this  mammoth  cable,  which  run  as 
follows : — 

“  Illinois  Bottom,  July  26,  1853. 

“  Col.  Pike  : — I  send  this  through  the  great  cable,  successfully  laid  to-day. 

“Shaffner.” 

Success  to  Shaffner !  He  may  well  be  styled  the  “  Lightning  J£ing,;’  after 
this !  May  he  live  a  thousand  years,  and  succeed  in  everything  which  he 
undertakes,  as  he  has  in  this  instance !  We  regret  to  learn  that  he  will  soon 
go  from  amongst  us,  to  engage  in  his  new  duties  at  Washington  city ;  but 
even  from  that  far  distant  point,  we  shall  expect  to  hear  from  him  occasion¬ 
ally  through  the  medium  of  electricity,  which  seems  to  be  his  favorite 
element. 

Submarine  Telegraph  Cable. — Tal.  P.  Shaffner,  Esq.,  the  former  enter¬ 
prising  President  of  the  St.  Louis  and  New-Orleans  Telegraph  Company, 
arrived  in  our  city  on  Tuesday  last,  and  was  engaged  yesterday  in  laying  the 
Submarine  Telegraph  Cable.  It  was  put  down  about  a  half  a  mile  above  here, 
and  was  towed  over  to  the  other  shore  of  the  Mississippi  by  the  steam  ferry. 
Its  length  is  about  3,710  feet. 

From  the  size  and  great  strength  of  the  wire,  we  have  no  doubt  it  will 
withstand  the  swift  current  and  snags  of  the  old  father  of  waters  for  a  cen¬ 
tury  to  come.  May  unbounded  success  attend  its  projector. 

There  is  another  roll  of  this  cable  on  our  wharf,  intended  for  the  Merrimack 
river.  We  understand  it  will  be  laid  in  a  few  dayp. —  Cape  Girardean  Eagle. 

Shaffner’s  Lightning  Ferry.— On  Monday,  the  26th  July,  Tal.  P.  Shaff¬ 
ner,  Esq.,  whose  pet  is  lightning,  laid  across  the  Ohio  river,  on  the  New- 
Orleans  and  St.  Louis  Line,  about  a  mile  below  town,  his  great  telegraph 
cable,  the  longest  in  America,  and  the  largest  in  the  world.  This  cable  is  4^ 


58 


haffner’s  telegraph  companion. 


inches  in  circumference,  fourteen  hundred  and  forty  yards  long,  and  weighs 
eleven  thousand  pounds. 

Last  fall  Mr.  Shaffner  constructed  and  laid  across  the  Tennessee  river,  his 
first  cable  of  this  kind.  During  the  winter  and  spring  the  freshets  were 
greater  than  usual,  and  the  great  cable  triumphantly  resisted  all  forces  com¬ 
ing  in  contact.  The  experiment  confirmed  the  most  sanguine  hopes  of  the 
constructor,  and  Mr.  Shaffner  has  commenced  laying  the  cables  at  every 
crossing  on  the  line.  This  line  has  more  submarine  telegraphing  than  any 
other  line  in  the  United  States.  Heretofore  the  companies  have  been  much 
annoyed  by  the  inefficacy  of  their  submarine  apparatus.  Mr.  Shaffner  has 
been  assisted  in  the  construction  of  this  cable  by  J.  B.  Sleeth,  mechanical 
engineer. 

The  cable  between  England  and  France  is  inferior  to  this  in  strength  and 
non-electric  encasements. 

We  should  not  be  surprised  if  Col.  Shaffner  will,  before  long,  mount  his  pet 
and  pass  over  to  Europe,  to  offer  his  improvements  to  the  trans-Atlantics.  His 
energetic  efforts  and  improvements  in  rendering  subservient  to  man  the 
fierce  element,  merits  not  only  the  admiration  of  the  world,  but  a  most  fruit¬ 
ful  reward. — Paducah  Journal. 

These  are  a  few  of  the  hundreds  of  notices  of  the  cables  crossing  the 
Ohio,  Mississippi,  Merrimack,  and  Tennessee  rivers.  They  have  proved  their 
efficiency.  The  torrents  of  the  mighty  floods  roll  over  their  powerful  forms, 
and  never  in  a  single  instance  have  they  failed  to  perform  their  functions. 
We  have  received  many  letters  from  telegraphers,  asking  information  upon 
submarine  cables,  and  it  will  afford  us  great  pleasure  to  give  any  aid  in  our 
power,  tending  to  advance  the  enterprise.  For  near  five  years,  amid  storms, 
tempests,  ice,  and  floods,  we  tried  to  conquer  these  mighty  rivers.  We  feel 
proud  in  being  able  to  enjoy  the  conquest. 

Complimentary. — We  feel  very  much  gratified  in  finding  the  following 
flattering  good  feeling  entertained  towards  us,  from  the  gentlemen  connected 
with  the  St.  Louis  and  New-Orleans  Telegraph  Line;  some  of  whom  have 
been  associated  with  us  for  several  years  past.  May  richer  blessings  crown 
their  efforts  than  was  ever  realized  by  them  in  times  gone  by.  Their  kind 
co-operation  in  the  management  of  one  of  the  most  difficult  lines  in  the 
country,  will  ever  be  cherished  by  us  with  the  warmest  affection.  By  re¬ 
quest  we  insert  the  correspondence  : — 

Merited  Confidence. — The  numerous  friends  of  Tal.  P.  Shaffner,  Esq., 
the  great  telegraph  man  of  the  West,  will  read  the  following  complimentary 
correspondence  with  pleasure : — Paducah  Journal. 

Louisville,  Ky.,  August  1st,  1853. 

On  leaving  the  St.  Louis  and  New-Orleans  Telegraph  Company,  I  cannot 
refrain  from  expressing  to  you,  and  the  other  gentlemanly  officers  of  the 
line,  my  profound  thanks  for  your  liberal  encouragement  and  energetic 
co-operation  for,  and  in  behalf  of  the  line. 

There  is  no  telegraph  company  in  the  United  States  that  can  boast  of  a 
more  true  and  faithful  corps  of  officers  than  this,  and  I  cannot  refrain  from 
expressing  to  you  in  this  voluntary  manner  my  Sincere  acknowledgments. 

Your  zeal,  capacity,  and  moral  worth,  I  trust  will  always  be  respected  as 


EDITORIAL. 


59 


pre-eminent,  and  equal  to  the  full  requirements  of  your  station,  and  deserv¬ 
ing  of  the  same  confidence  you  have  so  nobly  won  by  your  services  for  this 
company. 

In  resigning  the  Presidency  of  your  company,  I  give  place  to  one  who  is 
worthy  of  your  confidence  and  esteem.  Many  years  intimate  associa¬ 
tion  with  Col.  Tanner,  my  successor,  has  established  in  mean  abiding  assur¬ 
ance  of  his  ability  and  integrity  to  serve  the  interest  of  the  line  with  the 
utmost  fidelity. 

I  leave  you,  gentlemen,  to  assume  new  duties  in  the  East,  called  by  the 
wishes  of  those  deeply  interested  in  the  enterprise,  though  much  I  regret 
to  part  with  you,  so  early  after  the  triumphant  re-election  as  your  sole  mana¬ 
ger,  by  the  late  meeting  of  the  stockholders. 

In  the  hour  of  prosperity  or  adversity,  weal  or  woe,  the  recollection  of  our 
past  association  in  the  fulfilment  of  our  official  relations,  will  be  pleasant 
and  felicitous. 

With  sentiments  of  high  esteem  for  each,  and  all  of  you, 

I  respectfully  bid  you  adieu, 

Tal.  P.  Shaffner, 

Late  President  of  the  St.  Louis  and  New-Orleans  Telegraph  Co. 


August  15th,  1853. 

Tal.  P.  Shaffner,  Esq.  : — Dear  Sir : — We  have  each  of  us,  at  our  respec¬ 
tive  stations,  received  your  complimentary  letter,  announcing  your  with¬ 
drawal  from  the  Presidency  of  this  Company.  We  thank  you  kindly  for 
the  expression  of  confidence  and  regard  for  us,  individually  and  collective¬ 
ly,  as  the  corps  of  managers  and  operators  on  said  line,  and  we  assure  you 
that  those  feelings  of  confidence  and  regard  are  fully  reciprocated  by  us* 
Since  our  connection  with  this  line,  over  which  you  have  exercised  a  vigi¬ 
lant  supervision,  and  exerted  a  most  creditable  enterprise,  our  intercourse 
with  you  has  been  one  of  uninterrupted  pleasure.  That  we  regret  to  part 
with  you,  it  is  unnecessary  to  add  ;  but  in  our  separation  we  beg  you  to  rest 
assured  that  you  have  with  you  our  warmest  friendship  and  highest  regard, 
and  we  shall  ever  cherish  for  you  a  most  timely  esteem.  And  with  our  best 
wishes  for  your  future  prosperity,  good  health  and  happiness,  we  are 


Yours,  most  respectfully, 


Geo.J TsheW,  |  NMe’  Tenn' 

J.  L.  Thomas,  Clarksville ,  Tenn. 

J.  H.  M’Kenzie,  Hopkinsville ,  Ky. 
E.  J.  Marshall,  Eddyville ,  Ky. 
Sam.  B.  Hitt,  Smithland ,  Ky. 

H.  B.  Marsh,  J 

G.  S.  Pidgeon,  £  Paducah ,  Ky. 

J.  B.  Sleeth,  ) 


W.  H.  Bollard,  Caledonia ,  III. 
M.B.  Harrell,  )  Cai  nl 
Henry  Candee,  \  J 

Homer  Parr,  Cape  Girardeau ,  Mo. 
John  M.  Webb,  Ste.  Genevieve,  Mo. 

T.'  E Sweet s,N?  }  St  LomS}  Mo * 


Hon.  Amos  Kendall. — The  Arbitration. — It  is  known  to  the  public, 
that  recently  an  arbitration,  on  telegraph  affairs,  took  place  in  the  city  of 


60 


shaffner’s  telegraph  companion. 


Philadelphia.  The  case  was  one  of  difference  between  the  Washington  and 
New-Orleans  Telegraph  Company  and  the.Morse  Patentees,  including  their 
energetic  agent,  Hon.  Amos  Kendall.  With  a  view  of  finally  settling  dis¬ 
puted  points  in  a  business  affair,  as  to  respective  rights,  the  questions  in 
dispute  were  amicably  referred  to  three  disinterested  gentlemen,  and  their 
award  to  be  final  in  the  premises.  These  gentlemen  were  distinguished 
lawyers  from  New-York,  Philadelphia  and  Charleston.  The  news  reporter 
of  Philadelphia  was  indiscreet  enough  to  promulgate  a  slanderous  news 
item  for  the  press,  charging  Mr.  Kendall  with  fraud,  &c.  The  recollection 
of  the  base  slander  must  mantle  the  news-reporter  with  shame  and  mortifi¬ 
cation.  How  a  man  can  bring  himself  so  low  as  to  wantonly  assail  another 
in  this  wholesale  manner,  totally  reckless  of  truth,  is  a  question  not  easily 
solved.  He  stands  behind  a  curtain,  and  is  presumed  to  be  just  in  his  mes¬ 
sage  to  the  world,  never  permitting  a  false  statement  to  issue  from  his  posi¬ 
tion.  The  flag  entrusted  to  his  charge,  he.  trailed  in  the  dust  in  heralding 
forth  a  fabricated  statement,  relative  to  this  transaction. 

With  a  view  to  place  the  matter  before  the  country  in  its  proper  garb^  we 
addressed  a  letter  to  Mr.  Kendall,  requesting  information  upon  the  subject. 
His  letter  nobly  unfolds  the  bright  page  of  truth.  Here  is  the  answer,  • 
viz. : 

Washington,  Nov.  10th,  1853. 

Tal.  P.  Shaffner,  Esq.  : — Dear  Sir : — At  your  request,  I  proceed  to  state 
the  practical  results  of  the  arbitration,  lately  held  in  Philadelphia,  in  which 
the  Washington  and  New-Orleans  Telegraph  Company,  Prof.  Morse,  the 
Messrs.  Vails  and  myself  were  parties. 

It  was  an  amicable  proceeding,  in  which  the  Company  claimed  that  we 
had  no  right  to  a  pertain  amount  of  stock  acquired  through  the  construction 
of  the  line,  and  we  claimed  a  right  to  additional  stock,  in  consequence  of 
the  putting  up  of  a  second  wire  on  a  portion  of  the  line,  which  the  Compa¬ 
ny  denied. 

Before  the  arbitrators  entered  upon  the  case,  I  called  their  attention  to  a 
telegraphic  message  in  the  New-York  Herald,  which  appears  to  have  been 
sent  all  over  the  Union,  charging  me,  by  name,  with  fraud  in  these  matters. 

The  following  is  an  extract  from  the  award,  viz. : 

11  It  being  the  opinion  of  the  Referees ,  that  there  has  been  NO  ACTUAL 
“  FRAUD,  and  that  the  circumstances  of  the  transaction  are  not  such  as  to 
“induce  the  chargingof  these  expenses  on  the  parties  in  any  other  manner, 
“  or  to  any  greater  extent,  than  they  will  bear  them  in  common  with  all  the 
“Stockholders  of  the  Company/7 

The  author  of  the  libellous  message  thus  finds  his  malice  defeated  by  his 

own  act,  inducing  an  express  acquittal  of  his  charge. 

Of  the  questions  submitted,  the  Arbitrators  decided  the  first  in  favor  of 
the  Company,  and  the  second  against  them.  By  the  first  branch  of  the  de¬ 
cision,  Messrs.  Morse,  Vails,  and  myself  are  required  to  refund  $20,000  in 
stock,  and  $2,200  in  dividends;  in  all,.  . . ;•.•••  -$22,200  00 

The  second  branch  of  the  decision  will  give  us  additional 
stock,  amounting  to  about .  39,861  12 


Balance  in  our  favor, 


$17,661  12 


EDITORIAL. 


61 


The  result  in  detail  is  as  follows,  viz. : 

' .  To  refund . .' - To  receive . 

Prof  Morse, . $9,250  00 . $16,608  80... 

A,  Vail,  ...» .  1,387  50 .  2,491  32... 

Q  Vail, .  1  387  50 .  2,491  32... 

A.  Kendall, . 10,175  00 .  18,269  68... 


. . .  Gain . 

$7,358  80 
1,103  82 
1,103  82 
.  8,094  68 


$22,220  00 . $39,861  12 .  $17,661  12 

These  results  will,  doubtless,  be  somewhat  varied  in  the  final  settlement; 
but  it  is  quite  as  likely  that  the  amount  accruing  to  us  will  be  increased,  as 
that  it  will  be  diminished. 

I  had  proposed,  for  the  sake  of  peace,  to  give  up  all  claim  to  stock  on  the 
second  wire,  and  all  additional  wires ;  but  my  proposition  was  not  accepta¬ 
ble.  If  the  malicious  men  who  got  up  the  difficulty  are  satisfied  with  the 
result,  I  assure  them  that  I  am. 

There  was  the  less  reason  for  charging  me  with  fraud  in  this  matter,  in¬ 
asmuch  as  my  accusers  knew  I  was  not  the  author  of  the  arrangement  of 
which  they  complained ;  but  I  look  upon  it  as  a  compliment,  that  I  was 
singled  out  as  the  object  of  attack.  When  a  rogue  is  called  a  rogue,  it  creates 
no  sensation ;  but  when  an  honest  man  is  charged  with  default,  whether 
rightfully  or  wrongfully,  all  hell  yells  with  delight. 

With  great  respect, 

Your  obedient  servant, 

Amos  Kendall. 

.  *  -  y 

Atlantic  Ocean  Telegraph. — We  desire  to  say  much  upon  this  subject, 
but  have  not  room  in  the  present  number.  W e  publish  an  article  on  the 
Ocean-Sounding,  as  preparatory  to  a  discussion  of  the  question  in  future, 
There  are  several  efforts  being  made  for  the  construction  of  an  electric  tel¬ 
egraph  cable  across  the  ocean.  We  believe  it  can  be  done.  There  can  be 
no  doubt  about  it.  This  boldness  we  expect  to  be  ridiculed.  So  were  the 
founders  of  the  telegraph.  To  our  astonishment  we  find  the  editor  of  the 
telegraph  Review ,  Mr.  Reid,  indulging  in  a  sneer  at  the  enterprise.  This  was 
unexpected,  although  his  good  will  towards  us,  has  been,  for  a  long  time, 
deemed  exceedingly  questionable.  We  seek  no  controversy,  nor  will 
we  permit  ourselves  to  be  drawn  into  one.  We  notice  the  article  in  the 
Review,  because  it  is  evidently  intended  to  hinder  the  accomplishment  of 
an  enterprise,  that  is  destined,  ere  the  revolution  of  many  years,  to  astound 
the  world  by  its  most  triumphant  success.  Here  is  the  article,  viz  : 

“We  now  learn,  that  Mr.  Shaffner  is  in  concert  with  a  former  employee 
of  an  English  Submarine  Company,  in  endeavoring  to  form  a  Company  to 
put  a  cable  across  the  Atlantic.  This  will  be  a  difficult  work.  Tele¬ 
graph  enterprise  in  this  country  has  not  been  made  so  uniformly  remunera¬ 
tive  to  stockholders,  as  to  induce  a  connection  with  a  colossal  enterprise 
like  this.  The  single  fact  of  the  immense  weight  of  the  cable,  is  enough 
to  terrify  an  ordinary  mind  from  contemplating  it.  The  cable  at  Paducah 
weighs,  at  the  average,  of  three  tons  per  mile.  The  shortest  stretch  across 
the  Atlantic  is  one  thousand  five  hundred  miles.  Think  of  a  coil,  within 
the  ribs  of  a  vessel,  weighing  forty-five  hundred  tons  !  But  great  men  are 
born  for  great  necessities.7’ 

We  understand  this  article  to  give  the  following  reasons  why  a  subma¬ 
rine  line  from  America  to  Europe  is  impracticable,  viz. : 


62  shaffner’s  TELEGRAPH  COMPANION 

1st.  That  it  will  be  a  difficult  work. 

2d.  That  telegraph  stock  in  America  has  not  proved  very  profitable,  and 
that  capitalists  will  be  deterred  from  investing  in  a  gigantic  enterprise  like 
this. 

3d.  The  weight  of  the  cable  will  be  at  least  forty-five  hundred  tons. 

4th.  That  no  vessel  is  of  sufficient  tonnage  to  carry  such  a  monster  cable. 

Relative  to  the  first  objection,  we  admit  that  the  proper  construction  of  an 
electric  cable  across  the  Atlantic  Ocean  will  be  difficult  in  the  extreme.  The 
crossing  of  the  flooding  waters  of  the  inland  has  been  difficult  for  years  past. 
The  same  energy  that  has  stretched  a  web  of  wire  over  forty  thousand  miles 
in  the  Western  hemisphere,  overland,  and  through  its  mighty  streams,  can 
master  the  difficulties  in  crossing  the  ocean.  Tides  may  ebb  and  flow~the 
billows  may  surge  with  mighty  power — the  icebergs  may  tower  their  white 
mantled  form,  high  in  the  skies,  and  sink  deep  in  the  briny  sea — the  hea¬ 
vens  may  let  loose  the  loud  rolling  thunder,  and  the  earth  heave  up  its  fiery 
lava;  but,  just  as  sure  as  these  elements  of  nature  exist,  and  worlds  revolve, 
America  and  Europe  will  be  connected  by  an  electric  cord. 

To  the  second  objection,  we  have  to  say  that  there  is  a  cause  for  the  un¬ 
profitableness  of  many  telegraph  lines.  The  rapidity  in  building,  and  reckless¬ 
ness  of  management,  has  been  the  progenitor  of  ill  success.  When  the  lines 
now  constructed  work  with  fidelity ,  the  patronage  will  be  sufficient  to  enable 
every  line  in  the  country  to  pay  handsome  dividends.  In  the  construction 
and  management  of  lines,  apply  the  remedy,  and  the  disease  will  be  cured. 
Build  or  repair  the  lines  strong,  and  insulate  them  well,  and  they  will  all 
prove  profitable.  Shun  extravagance  as  you  would  a  viper! 

The  third  objection  is  singular,  and  we  scarcely  know  how  to  answer  it. 
We  admit  it  will  weigh  very  heavy;  but  we  consider  the  great  weight  secures 
with  it  great  strength  ;  therefore  his  objection  occurs  to  us,  to  be  really  an 
argument  in  favor  of  success. 

The  fourth  and  last  objection  is  marvellous.  If  there  was  only  one  soli¬ 
tary  vessel  ploughing  the  mighty  deep,  then  there  would  be  something  to 
reflect  upon.  After  reading  the  objection,  we  proceeded  forthwith  to  the 
harbor  of  New-York,  to  see  if  all  the  vessels  of  the  world  had  vanished  from 
the  face  of  the  earth.  At  one  view  we  saw  a  forest  of  more  than  a  thousand 
masts  towering  from  vessels.  We  then  felt  relieved,  and  that  all  was  safe. 
At  the  Merchants’  Exchange,  the  marine  registers  evidenced  the  existence  of 
thousands  at  sea,  and  our  joy  seemed  to  be  full,  that  the  laying  of  a  cable 
need  not  be  confined  to  only  one  poor  vessel. 

In  the  final  cabling  of  the  ocean  we  hope  for  success.  We  do  not  enter¬ 
tain  faith  in  the  various  schemes  blazoned  forth  in  the  press,  but  our  arrange¬ 
ments  contemplate  solidity  and  reality. 

In  years  gone  by,  Mr.  Reid,  with  others,  partook  in  the  struggles  of  the 
telegraph.  The  electric  telegraph  was  the  lc  wonder  of  this  wonder-teeming 
age,’’  and  but  few  entertained  faith  in  its  ultimate  utility.  Every  person 
engaged  in  the  business  was  ridiculed.  TJie  ignorance  of  that  age  has  pass- 


EDITORIAL. 


63 


ed  away.  He  who  was  an  object  of  burlesque  then,  ought  not  to  foster  it 
now.  The  progressive  march  of  the  science  ought  to  receive  a  cheering 
smile  and  not  a  scorn.  We  hope  the  Review  will  give  the  subject  a  more 
candid  consideration. 

Extension  of  Morse’s  Patent. — -The  subject  of  the  extension  of  the 
patents  granted  to  Prof.  Morse,  by  the  United  States,  seems  to  be  gravely 
considered  by  a  portion  of  the  American  press.  Of  course,  no  one  doubts 
its  importance  to  the  inventor  and  the  people.  The  following  notice,  rela¬ 
tive  to  the  question,  we  copy  from  the  Scientific  American ,  viz : — 

“Extension  of  Patents  and  Patent  Law  Suits. — A  statement  has  lately 
appeared  in  one  of  our  daily  papers,  to  the  effect  that  a  number  of  interested 
capitalists  with  their  seat  of  operations  in  the  city  of  Washington,  have 
formed  an  association,  with  a  capital  of  $500,000,  for  the  purpose  of  procur¬ 
ing  the  further  extension  of  the  Woodworth  Planing  Machine  patent,  also 
the  Hayward  Patent  for  manufacturing  india  rubber,  and  the  Telegraph  Pa¬ 
tent,  granted  to  Prof.  Morse,  April  11th,  1846.  The  intention  is  to  accom¬ 
plish  this  result  by  a  special  act  of  Congress  during  its  next  session.  There 
must  be  some  error  in  including  the  patent  of  Prof.  Morse,  inasmuch  as  it 
has  yet  seven  years  to  run,  and  the  extension,  if  any,  should  be  granted 
under  our  general  laws.  It  is  possible,  however,  that  the  owners  of  the 
patent  anticipating  its  rejection  by  the  Commissioner  of  Patents,  are  thus 
providing  in  due  season  to  supersede  the  general  law  by  obtaining  a  special 
act.  To  be  fully  convinced  of  this,  however,  we  shall  need  more  light  upon 
the  subject,  but,  from  information  received  from  other  sources,  we  are  led  to 
believe  that  large  sums  of  money  are  being  collected  to  obtain  the  extension 
of  the  two  first  patents.  We  are  opposed  to  the  further  extension  of  these 
patents  for  the  following  reasons  : — 1st.  Because  the  applicants  for  the  exten¬ 
sion  have  already  amassed  enormous  amounts  of  money  from  these  inven¬ 
tions.  *  *  *  2d.  We  are  opposed  to  the  extension  of  these  patents, 

because  they  have  been  so  managed  by  the  owners  as  to  injure  deeply  the 
interests  of  inventors,  and  to  cause  the  public  to  become  dissatisfied  with  our 
whole  patent  system,  which  is  one  of  the  most  noble  institutions  in  our 
country.  We  have  always  advocated  the  interests  of  inventors,  and  have 
defended  their  just  rights  ;  but  in  opposing  the  extension  of  these  patents  we 
plant  ourselves  upon  the  foundation  of  the  rights  of  the  people,  who,  as  well 
as  inventors,  are  deeply  interested.” 

The  editor  of  the  above  paper  expresses  doubt  as  to  an  association  of 
Prof.  Morse  in  this  Company,  with  a  capital  of  $500,000,  but  proceeds  to 
place  him  with  inventors,  whose  patents  he  thinks  ought  not  to  be  renewed. 
We  deeply  regret  this  species  of  procedure,  upon  the  part  of  the  editor,  to 
arouse  “public  sentiment  to  bear  forcibly  upon  Congress,”  against  the  merit 
of  the  Morse  patent.  He  ought  not  to  associate  parties  in  an  arrangement 
affecting  so  seriously  the  rights  of  persons,  unless  the  evidence  of  the  fact  is 
complete.  We  can  assure  him,  that  so  far  as  Prof.  Morse,  or  any  of  his 
friends  are  concerned,  there  is  no  truth  in  the  report  he  has  seen  fit  to  indi¬ 
cate  in  the  article  quoted  above.  Nor  has  there  been  any  grounds  for 
the  origination  of  so  base  an  imputation,  other  than  a  wilful  misrepresenta¬ 
tion  by  some  one,  who  has  probably  been  foiled  in  his  propensity  to  plunder 
from  Morse  those  rights  seemingly  guaranteed  to  him  by  the  letters  patent. 

It  occurs  to  us,  and  we  express  our  opinion  with  due  respect,  that  a  high 


64  shaffner’s  telegraph  companion. 

• 

and  elevated  work,  like  the  paper  from  which  we  have  quoted,  ought  to  be 
more  careful  and  discriminating  in  assailing  the  reputation  and  property  of 
citizens.  The  editor  claims  to  be  u  the  friend  of  inventors  ;7’  but  we  think 
his  past  career  has  manifested  a  very  different  disposition  towards  Morse. 
We  have  been  often  pained  to  see  his  paper  joining  with  a  part  of  the  press 
in  assailing  the  patents  for  the  American  Electro-Magnetic  Telegraph. 

The  first  objection  to  the  extension  of  these  patents  seem  to  be  correct, 
if  true  ;  but  if  not  true,  then  a  renewal  ought  to  be  granted  by  the  commis¬ 
sioner.  Such  is  the  case  of  Prof.  Morse.  He  has  not  ‘‘amassed  enormous 
amounts  of  money.7’  If  he  has  not,  the  Scientific  American  ought  to  advo¬ 
cate  the  renewal  of  his  patent. 

The  second  objection  is  so  sweeping,  that  we  know  not  how  to  answer, 
so  far  as  it  may  refer  to  the  Morse  patentees.  We  suppose,  however,  the 
objection  must  refer  to  the  other  patents,  as  there  has  not  been  any  very 
great  mismanagement  of  the  Morse  patents,  unless  an  effort  upon  their  part 
to  prevent  themselves  from  being  robbed  and  plundered  by  reckless  and  un¬ 
scrupulous  speculators,  be  mismanagement. 

The  patent  of  Prof.  Morse,  granted  in  June,  1840,  expires  June  1854. 
That  he  will  apply  for  a  renewal  is  beyond  doubt  •  but  as  to  his  being  con¬ 
nected  with  any  combinations,  either  direct  or  indirect,  to  procure  a  renew¬ 
al  by  any  corrupt  mode,  particularly  such  a  base  one  as  indicated  above,  is 
wholly  untrue.  The  renewal  can  safely  rest  upon  its  merits.  The  laws 
now  existing  are  ample  for  the  case,  and  no  special  acts  will  be  needed. 
So  just  are  his  claims,  that  the  Hon.  Amos  Kendall,  his  agent,  has  positively 
refused  to  receive  any  aid  even  from  those  who  are  engaged  in  the  telegraph 
business.  Again  we  say,  we  are  confident  in  the  belief  that  no  effort  has 
been,  or  will  be  made  in  any  manner  whatever,  upon  the  part  of  Prof.  Morse 
and  his  associates,  in  procuring  any  act  through  Congress  relative  to  his 
patent,  or  any  law  tending  to  promote  a  renewal. 

We  hope  the  courteous  editor  of  that  valuable  work  on  Science,  will  cor¬ 
rect  the  misrepresentation  made,  and,  in  future,  not  assail  the  renewal  of  a 
patent,  unless  he  knows  his  first  objection  is  unquestionably  verified.  Pal- 
mam  qui  meruit  Jerat. 

Notice. — The  Companion,  and  the  Tariff  Scale,  will  be  published  and  issued 
from  New-Yoik  City  by  Messrs.  Pudney  &  Russell,  No.  79  John-street.  Sub¬ 
scriptions  can  be  forwarded  to  them,  or  to  the  Editor,  at  Washington  City. 

Articles  designed  for  publication  in  the  first  thirty-two  pages  of  the  Companion 
should  be  in  the  hands  of  the  Editor  by  the  1st  of  the  month  preceding  that  of  pub¬ 
lication.  News  designed  for  the  editorial  department  should  be  forwarded  to  the 
editor  on  or  before  the  10th  of  the  preceding  month. 

Corrections  to  be  made  in  the  Tariff'  Scale,  should  be  given  to  the  editor  on  or 
before  the  middle  of  the  month  preceding  its  issue. 


FEB.,  1854. 


Vol.  I— No.  2. 


id 


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V, 


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DEVOTED  TO  THE  SCIENCE  AND  ART  OF  THE 


MORSE  AMERICAN  TELEGRAPH. 


BY  T.AL.  P.  SHAFFNER,  ESQ., 

SECRETARY  OF  THE  AMERICAN  TELEGRAPH  CONFEDERATION, 

Washington  City,  ©•  CJ. 


“  Ganst  thou  semi  lightning,- that  they  may  go,  and  say  unto  thee,  Here  we  are  V'—Job. 

“  The  names  of  Franklin  arid  Morse  arc  destined  to  glide  down  the  declivity  of  time 
together — the  equals  in  the  renown  of  inventive  achievements.  b .  O.  J.  Smith. 

“  As  the  inventor  of  the  Electric  Telegraph,  you,  Prof.  Morse,  stand  pre-eminent. 
Arago. 

“  The  Electro-Magnetic  Telegraph— that  last  and  most  wondrous  birth  of  this  worider- 
teeminc  ao-e.’’ — Congressional  Report  on  Morse's  1  elegraph.  • 

O  O 


TERMS,  $2  PER  ANNUM. 


.HI  h. 


N  E  W  -  Y  O  R  K  : 

PUBLISHED  MONTHLY,  BY  PCDNEY  &  RUSSELL. 

No.  79  John-Street. 


1854. 


*5  t 


MO, 


TABLE  OF  CONTENTS. 

Art.  I.— THE  AMERICAN  ELECTRO-MAGNETIC  TELEGRAPH. 

By  Hon.  Amos  Kendall .  G5 

Art.  II— MORSE’S  ELECTRO-TELEGRAPH, 

By  George  Gifford,  Esq .  ?8 

Art.  III.— THE  ANCIENT  AND  MODERN  TELEGRAPH, 

Sentinel  Telegraph — Eire  Piles — Indian  Runners — Carrier  Pigeons — Tele¬ 
scopes — Cannon  Reports — Rockets — Electric-Electro-Magneiic .  85 

Art.  IV.— GUTTA  PERCHA, 

Its  Discovery — Nature — dualities — Compared  with  India  Rubber — Chemi¬ 
cal  Properties . .  92 

Art.  V.— ANCIENT  AND  MODERN  HERALDRY, 

Early  History — Armorials — Great  Seal  of  Maine,  New-Jersey,  Virginia, 
South  Carolina,  Kentucky,  Missouri,  United  States — Telegraph  Confedera¬ 
tion — Knights  of  the  Round  Table — Hospitallers — Templars .  96 

Poetry— MUS1NGS  OF  A  TELEGRAPHER, 

By  Geo.  \V.  Morgan . 91 

EDlTORIAL.c>-The  Companion .  104 

Scientific  American  on  Patents . 104 

Regulations  of  Companies .  104 

Batteries .  105 

New-York  and  Boston  Line . . .  105 

Engravings  and  New'Register .  105 

National  Lines . .  105 

Heavy  Business  in  Telegraphing .  106 

Another  Great  Telegraphic  Feat .  10G 

Wonders  of  the  Telegraph .  106 

Complimentary — Presentation  to  T.  S.  Faxton,  Esq .  106 

Great  Discovery — A  Universal  Telegraph . 108 

New-York,  Buffalo,  and  Chicago  Range . - .  109 

Telegraphic  Feat .  109 

Pictorial  Life  of  a  Telegrapher .  109 

Maysville  Submarine  Cable .  110 

Halifax  and  Boston  Line .  110 

Sandy  Hook  Telegraph .  110 

Notices  of  the  Companion  and  Tariff  Scale .  Ill 

Notices  of  the  Telegraph  Companion .  Ill 


SUBMARINE  TELEGRAPH  GABLES. 

The  undersigned,  having  had  much  experience  in  Submarine  Telegraph  Lines  during 
the  past  five  years  in  the  United  States,  and  having  perfected  Electric  Cables  to  meet 
the  necessities  of  any  river  in  America,  he  is  prepared  to  construct  them  upon  the  most 
reliable  plan  known  to  science  and  mechanics.  He  will  warrant  any  Cable  made  under 
his  orders,  if  desired,  as  to  strength  for  the  locality,  perfect  insulation,  or  preservation 
from  atmospheric  electricity. 

With  a  view  to  secure  the  best  workmanship,  the  undersigned  has  engaged  with  him 
in  the  construction  of  Cables,  Mr.  J.  B.  Sleeth,  who  is  an  expert  mechanic,  and  skilled 
in  nautical  life.  Mr.  S.  has  been  engaged  in  laying  several  Cables  across  the  V  estern 
waters,  and  his  mechanical  improvements  are  superior  in  their  proper  construction. 

TAL.  P.  SHAFFNER, 

Washington ,  D.  C 


3^4 

S-^-13 


SHAFFNER’S 

TELEGRAPH  COMPANION, 

DEVOTED  TO  THE  SCIENCE  AND  ART  OF  THE 

MORSE  AMERICAN  TELEGRAPH. 


VOL.  I.  FEBRUARY,  1854.  jVo.  2. 


Art.  I.— THE  AMERICAN  ELECTRO-MAGNETIC  TELEGRAPH. 

By  Hon.  Amos  Kendall. 

Argument  submitted  to  the  Supreme  Court  of  the  United  States.  Continued. 

OERSTED  SCHWEIGER  —  ARAGO — STURGEON — HENRY — MORSE.  DISCOVERIES 
RESPECTIVELY.  MORSE  THE  INVENTOR  OF  THE  RECORDING  TELEGRAPH. 

We  propose  now  to  take  np  the  case  somewhat  in  detail,  and 
show  the  Court  by  the  evidence  what  it  was  that  Morse  invent¬ 
ed.  hirst,  however,  it  is  necessary  to  correct  some  errors  of 
fact  contained  in  the  printed  argument  of  the  opposite  Counsel. 

At  page  7,  Mr.  Chase,  after  giving  an  account  of  the  inven¬ 
tion  of  the  Electro  Magnet  by  Sturgeon  in  1825,  says,  “  It  was 
now  certain  that  mechanical  results  could  be  produced  at  any 
distance  from  the  operating  station  to  which  the  Electric  Cur¬ 
rent  could  be  transmitted.”  USTo  such  fact  is  established  by  the 
evidence,  nor  was  there  any  such  certainty. 

Again  at  page  28,  after  giving  an  account  of  Prof.  Henry’s 
experiments  made  known  in  1831,  Mr.  Chase  says  “the  fact 
that  by  the  use  of  Electro  Magnetism  thus  developed,  any  me¬ 
chanical  effects,  capable  of  being  produced  by  any  ordinary 
motive  power  of  like  energy  could  be  wrought  at  any  distance 
from  the  operating  Station  to  which  the  Electric  Current  could 
be  transmitted,  was  also  established.”  Again  says  he,  u  It  was 
also  established  that  the  electric  current  generated  by  a  proper 
battery,  could  be  sent,  through  a  Circuit  of  indefinite  extent 
without  any  sensible  diminution  of  its  power  to  excite  an  flec- 
tro  Magnet ,  or  to  deflect  a  needle  placed  at  the  remotest  point 
from  the  operating  Station.” 

There  is  no  evidence  tending  to  establish  either  of  these 

5 


66 


shaffner’s  telegraph  companion. 


alleged  facts,  other  than  unwarranted  inference  from  an  experi¬ 
ment  by  Prof.  Henry,  exhibiting  a  result  not  verified  by  exper¬ 
iment  or  experience,  before  or  since.  Of  that  we  shall  say  more 
hereafter. 

At  page  13,  Mr.  Chase  says,  “  Morse  was  unacquainted  with 
electricity  and  electro  magnetism.” 

It  is  in  evidence  that  he  attended  a  series  of  lectures  on  elec¬ 
tricity  and  electro  magnetism  delivered  by  Prof.  Dana  in  1827 
during  which  one  of  Sturgeon’s  Electro  Magnets  was  exhibited. 
That  identical  Electro  Magnet,  as  well  as  the  original  manu¬ 
script  of  Dana’s  Lectures,  hunted  up  through  Morse’s  recollec¬ 
tion  of  that  science  as  then  explained  by  the  learned  Lecturer, 
were  in  evidence  ;  but  the  mvsterious  fire  in  the  Clerk’s  Office 
has  disposed  of  those  lectures,  though  the  Electro  Magnet  is  still 
in  Court.* 

At  page  26  Mr.  Chase  says  the  decision  of  Judges  Grier  and 
Kane  in  Philadelphia  amounts  to  this,  that  Morse  was  the 
“proprietor  of  the  electric  current  for  telegraphic  purposes  and 
that  without  discovering  any  new  principle  whatever.” 

There  is  no  warrant  for  such  a  broad  assertion  either  in  that 
decision  or  in  Morse’s  claims.  They  do  not  touch  Wheatstone’s 
nor  any  other,  except  marking  telegraphs. 

Page  43,  Mr.  Chase  says  “  I  pass,  barely  mentioning  it  here, 
Prof.  Henry’s  contrivance  for  breaking  and  closing  a  second 
circuit  used  in  1833  or  1834,  which  left  nothing  new  in  point  of 
principle  to  be  invented  by  Morse  or  any  body  else  for  extend¬ 
ing  telegraph  circuits.”  Nobody  testifies  to  such  use  in  1833 
or  1834.  Henry  himself,  so  far  from  testifying  to  any  use  at 
any  time ,  is  not  certain  that  he  explained  it  to  his  class  before 
he  went  to  Europe  in  1837,  and  does  not  say  that  he  ever  did  it 
afterwards. 

Now  let  us  see  what  had  been  done  before  Morse  took  up  the 
subject,  and  in  this  we  shall,  in  all  sincerity,  attempt  to  mete 
out  exact  justice  to  every  one  whom  it  is  necessary  to  mention. 

Electricity,  Galvanism,  sundry  modes  of  generating  them,  the 
circuit,  and  modes  of  breaking  and  closing  it,  were  known. 

Oersted  in  1819  discovered  that  the  electric  current,  passing 
on  the  Circuit  wire,  would  deflect  a  magnetic  needle  brought  in 
proximity  to  it.  This  was  the  discovery  of  Electro  Magnetism  ; 
a  mechanical  effect  was  then  produced. 

Schweiger  conceived,  that  if  the  current  could  be  made  to 
pass  several  times  around  the  needle,  the  mechanical  effect 
would  be  increased.  With  insulated  wire  he  made  a  coil  of 
many  turns  in  a  shape  somewhat  elliptical,  which  he  embraced  in 
the  Circuit  and  suspended  the  Magnetic  needle  within  it.  A  spe- 

*  There  is  another  mystery  in  the  non  appearance  upon  the  Record  of  a  deposition 
of  Prof.  Silliman,  touching  this  matter. 


THE  AMERICAN  ELECTRO-MAGNETIC  TELEGRAPH.  67 

cimen  of  tliis  contrivance  has  been  exhibited  to  the  Court,  and  it 
is  called  Schweiger’s  Multiplier.  The  result  was  as  he  expected. 

Arago  discovered  that  the  Electric  Current  passing  upon  a 
wire  would  attract  iron  tilings. 

Sturgeon  conceived,  that  if  a  part  of  the  Circuit  wire  were 
made  to  pass  several  times  around  a  piece  of  iron,  the  same 
influence  which  moved  the  needle  and  iron  filings,  would  pro¬ 
duce  Magnetism  in  the  iron.  He  insulated  a  piece  of  iron  rod, 
coiled  the  circuit  wire  spirally  around  it,  and  on  applying  the 
current,  found  that  the  iron  became  Magnetic.  This  was  the 
invention  of  the  Electro  Magnet. 

It  occurred  to  Prof.  Henry,  that  by  applying  Schweiger’s 
Multiplier  to  Sturgeon’s  iron  bar,  a  much  more  powerful  Mag¬ 
net  might  be  produced.  He  tried  the  experiment  and  succeeded. 
By  multiplying  the  turns  of  wire  around  the  iron,  it  was  found 
that  the  Magnetism  was  increased  somewhat  in  proportion  to 
the  number  of  turns  added,  so  that  mechanical  effects  could  be 
produced  at  greater  distances  on  the  electric  circuit  than  with 
the  Magnet  as  arranged  by  Sturgeon. 

Henry  did  not  invent  the  Multiplier,  nor  the  Electro  Magnet. 
His  merit  so  far  as  the  Electro  Magnet  is  concerned,  consists  in 
combining  together  the  inventions  of  two  other  men,  and  pro¬ 
ducing  a  more  powerful  mechanical  action.  He  does  not  in  his 
article  published  in  Silliman’s  Journal  in  January,  1831,  claim 
to  have  discovered  any  new  principle  in  respect  to  the  Electro 
Magnet ;  It  is  entitled  “  On  the  application  of  the  principle  of 
the  galvanic  Multiplier  to  Electro  Magnetic  apparatus ,  and 
also  to  the  development  of  great  Magnetic  power  in  soft  iron 
with  a  small  galvanic  element ,”  meaning  small  battery. 

The  application  of  known  principles  in  such  manner  as  to 
produce  an  improved  result,  was  all  he  claimed. 

If  O’Reilly  and  his  associates  had  an  interest  in  depreciating 
Prof.  Henry’s  experiments,  they  could  doubtless  employ  Coun¬ 
sel  to  say  as  has  been  said  of  Morse’s  invention,  that  this  com¬ 
bination  of  Schweiger’s  Multiplier,  with  Sturgeon’s  Electro 
Magnet  was  u  a  very  simple  contrivance” — one  so  obvious  and 
natural,  that  it  might  have  occurred  to  anybody,  and  must 
“  inevitably” have  soon  occurred  to  somebody.  Nevertheless — 
it  was  an  important  accession  to  the  mass  of  material  out  of 
which  a  telegraph  was  to  be  constructed. 

But  Prof.  Henry,  as  he  says  himself,  was  not  in  pursuit  of  a 
Telegraph,  or  any  other  particular  j^ractical  result  useful  to 
society.  Having  made  his  improvement,  he  threw  it  into  the 
mass  furnished  by  Oersted,  Schweiger,  Arago,'  Sturgeon  &c.,  to 
be  employed  by  anybody  else  who  had  the  inclination  to  make 
it  useful  to  his  fellow-men.  Henry’s  experiments  were  made 
with  little  more  than  one-fifth  of  a  mile  of  wire,  and  although 


68 


shaffner’s  telegraph  companion. 

they  conclusively  showed  that  mechanical  action  could  be  pro¬ 
duced  by  means  of  his  improvement  at  greater  distances  from 
the  battery  than  was  before  possible,  they  by  no  means  showed 
that  it  could  be  produced  at  the  distance  of  100,  20,  or  even  ten 
miles,  and  especially  they  did  not  show  that  it  could  be  pro¬ 
duced  with  a  sufficient  force,  to  mark  or  indent  paper. 

After  what  has  been  said,  written  and  printed,  on  the  other 
side,  it  may  surprise  the  Court  to  learn,  that  it  was  not  his 
improvement  in  the  Electro  magnet,  which  Prof.  Henry  said  in 
his  article  of  1831  was  “  directly  applicable  to  Mr.  Barlow’s  pro¬ 
ject  of  forming  an  Electro-Magnetic  Telegraph,”  but  it  was  the 
result  of  an  experiment  to  ascertain  the  effect  of  currents  from 
batteries  of  different  descriptions,  a  result  apparently  incon¬ 
sistent  with  all  experiment  and  experience  before  and  since,  but 
in  which  at  the  time  Prof.  Henry  seems  to  have  had  great  con¬ 
fidence. 

To  place  this  matter  in  an  unquestionable  light,  we  quote  the 
entire  passage  which  relates  to  it  in  Henry’s  article  in  the  19th 
volume  of  Silliman’s  Journal,  page  403,  it  being  in  evidence  in 
this  case,  viz : 

“  Experiment  7.  The  whole  length  of  the  wire  [over  one- 
fifth  of  a  mile]  was  attached  to  a  small  trough  on  Mr.  Cruik- 
shank’s  plan,  [a  battery]  consisting  of  25  double  plates,  and 
presenting  exactly  the  same  extent  of  zinc  surface  to  the  action 
of  the  acid  as  the  battery  used  in  the  last  experiment.  The 
weight  lifted  in  this  case  was  8  oz.  When  the  intervening  wire 
was  removed  and  the  trough  attached  directly  to  the  ends  of 
the  wire  surrounding  the  horse  shoe,  it  lifted  only  7  oz.  From 
this  experiment  it  appears,  that  the  current  from  a  galvanic 
trough  is  capable  of  producing  greater  Magnetic  effect  on  soft 
iron  after  traversing  more  than  one-fifth  of  a  mile  of  intervening 
wire,  than  when  it  passes  only  through  the  wire  surrounding  the 
Magnet.  It  is  possible  that  the  different  states  of  the  trough  with 
respect  to  dryness,  may  have  exerted  some  influence  on  this 
remarkable  result,  but  that  the  effect  of  a  current  from  a  trough, 
if  not  increased,  is  but  slightly  diminished  in  passing  through  a 
long  wire,  is  certain.  A  number  of  other  experiments  would 
have  been  made  to  verify  this,  had  not  our  use  of  the  room  been 
limited,  by  its  being  required  for  public  exercises. 

“  On  a  little  consideration,  however,  the  above  result  does  not 
appear  so  extraordinary  as  at  the  first  sight,  since  a  current 
from  a  trough,  possesses  more  projectile  force,  to  use  Prof. 
Hare’s  expression,  and  approximates  somewhat  in  intensity  to 
the  electricity  from  the  common  machine. 

“  May  it  not  also  be  a  fact  that  the  galvanic  fluid,  in  order  to 
produce  the  greatest  magnetic  effect,  should  move  with  a  small 
velocity,  and  that  in  pasing  through  one-fifth  of  a  mile,  its  velo- 


THE  AMERICAN  ELECTRO-MAGNETIC  TELEGRAPH.  69 

city  is  so  retarded  as  to  produce  a  greater  magnetic  action? 
But  be  this  as  it  may,  the  fact  that  the  magnetic  action  of  a  cur¬ 
rent  from  a  trough  is  at  least  not  sensibly  diminished  by  passing 
through  a  long  line  directly,  is  applicable  to  Mr.  Barlow’s  pro- 
jent  of  forming  an  Electro-Magnetic  Telegraph,  and  also  of  ma¬ 
terial  consequence  in  the  construction  of  the  galvanic  coil.” 

“  8  From  this  experiment,’  says  Prof.  Henry,  8  it  appears  that 
a  current  from  a  galvanic  trough,  is  capable  of  producing  greater 
magnetic  effect  on  soft  iron  after  traversing  more  than  one-fifth 
of  a  mile  of  intervening  wire ,  than  when  it  passes  only  through 
the  wire  surrounding  the  magnet .’  ” 

After  attempting  to  account  for  a  result  so  extraordinary  and 
apparently  so  absurd,  he  adds,  88  but  be  this  as  it  may,  the  fact 
that  the  magnetic  action  of  a  current  from  a  trough  is,  at  leasts 
not  sensibly  diminished  by  passing  through  a  long  wire,  is 
directly  applicable  to  Mr.  Barlow’s  project  of  forming  an  Elec¬ 
tro-Magnetic  Telegraph,  &c.” 

Had  this  result  been  verified  by  subsequent  experiment  or  ex¬ 
perience,  it  would  have  saved  Prof.  Morse  the  necessity  of 
inventing  combined  and  local  circuits,  and  Receiving  magnets 
with  all  their  delicate  adjustments.  And  it  would  be  a  day  of 
joy  and  rejoicing  among  Telegraphers  throughout  the  Union,  if 
Prof.  Henry  were  now  able  to  come  forward  with  his  Telegraph 
of  a  Single  Circuit,  the  longer  the  better ,  running  through  their 
Register  magnets,  and  saving  the  perpetual  adjustment  of  Re¬ 
ceiving  magnets  arising  from  the  feebleness  and  variableness 
of  the  currents,  though  great  improvements  have  been  made  in 
batteries  since  1831 ;  it  would  form  a  new  era,  not  less  distin¬ 
guished  than  that  which  witnessed  the  introduction  of  the  more 
complicated  system  of  Prof.  Morse.  Unfortunately  the  result 
of  this  experiment  turned  out  to  be  utterly  delusive.  The  de¬ 
ductions  of  Barlow  and  others  from  previous  experiments,  that 
the  magnetic  force  ol  the  current  diminishes  somewhat  in 
proportion  to  the  increased  length  of  the  Circuit,  became  an  es¬ 
tablished  fact,  as  it  is  an  established  law  of  nature,  and  Henry’s 
improved  Electro  magnet,  like  Sturgeon’s  original  magnet,  and 
the  magnetic  needles  used  by  other  experimenters,  came  under 
the  dominion  of  that  law,  no  matter  what  kind  of  battery  was 
used,  though  some  kinds  are  better  than  others. 

These  facts  and  circumstances  show,  that  Prof.  Henry’s  idea 
of  an  Electro-Magnetic  Telegraph  in  1831  was  a  telegraph  of  a 
single  circuit  based  on  the  fallacious  conclusion,  that  he  had  dis¬ 
covered  means  by  which  the  magnetic  action  could  be  made  great¬ 
er  with  the  same  battery  on  a  long  Circuit  than  on  a  short  one,  or 
88  at  least  ”  to  use  his  own  emphasized  expression  88  is  not  sen¬ 
sibly  diminished  by  passing  through  a  long  wire?  If  this  were 
a  fact,  there  would  be  no  need  of  combined  circuits  to  renew  the 


70 


shaffner’s  telegraph  companion. 


exhausted  power  of  the  electric  current.  They  would  he  hut  a 
worse  than  useless  complication.  There  is,  however,  not  the 
shadow  of  such  a  combination  in  Henry’s  Article  of  1831,  nor 
is  it  probable  that  then,  or  for  a  long  time  afterwards,  his  mind 
was  directed  to  the  means  of  removing  an  obstacle  which  he  did 
not  suppose  to  exist,  particularly  as  his  object  was  not  to  invent 
a  Telegraph  but  to  develope  general  science. 

In  another  point  of  view,  however,  Prof.  Henry’s  experiments 
were  of  importance.  They  confirmed  the  discovery  previously 
made  by  Prof.  Hare,  that  a  current  from  “  a  trough”  or  from  two 
or  more  plates,  as  in  his  20th  experiment,  produces  more  magnet¬ 
ism  in  a  long  circuit,  than  a  current  from  one  plate  presenting  the 
same  given  surface  to  the  acid.  That  the  discovery  was  not 
original  with  Prof.  Henry,  is  shown  by  his  article  in  Silliman’s 
Journal  in  which  he  distinctly  concedes  it  to  Prof.  Hare,  in  his 
account  of  both  his  7th  and  20th  experiments.  Yet,  Prof. 
Henry’s  experiments  confirmed  the  discovery,  and  though  he 
did  not  himself  apply  it  to  any  useful  purpose,  he  prepared  it, 
so  to  speak,  for  practical  application  by  others.  It  must  not  be 
forgotten,  however,  that  this  current  from  this  kind  of  battery, 
now  called  a  battery  of  intensity,  though  it  produces  more 
magnetism  in  long  circuits  than  a  battery  of  one  pair  of  plates 
now  called  a  battery  of  quantity,  yet  both  are  subject  to  the 
same  law  of  reduction  of  their  own  magnetic  influence,  as  the 
length  of  the  circuit  is  increased. 

It  must  be  noted,  that  when  Prof.  Henry  speaks  of  “  mecha¬ 
nical  action”  produced  by  Electro  Magnetism,  he  means  any 
motion  however  feeble,  such  as  the  motion  of  the  magnetic 
needle  and  the  motion  of  the  bar  in  Morse’s  Receiving  magnet. 
Such  u  mechanical  action”  is  wholly  insufficient  for  Morse’s 
purposes,  and  was  useless  to  him  without  means  to  produce  a 
much  greater  force. 

It  must  also  be  noted,  that  the  title  u  Electro-Magnetic  Tele¬ 
graph  ”  is  a  general  name,  not  confined  to  Morse’s  Telegraph,  but 
comprehending  Wheatstone’s  needle  Telegraph,  and  all  other 
Telegraphs  of  which  Electro  Magnetism  constitutes  the  princi¬ 
pal  Agent.  A  force  sufficient  to  vibrate  Wheatstone’s  needles 
would  be  wholly  inadequate  to  give  an  efficient  impulse  to 
Morse’s  pen.  It  does  not  follow,  that  when  Prof.  Henry  or 
others  speak  of  “  the  Electro-Magnetic  Telegraph,”  they  mean  * 
Morse’s  marking  Telegraph.  One  kind  may  be  practicable  by 
an  amount  of  magnetic  force  which  would  be  wholly  inadequate 
to  give  vitality  to  another.  And  of  all  known  kinds,  Morse’s 
Telegraph  requires  the  greatest  magnetic  force. 

The  Counsel  on  the  other  side  have  confounded  all  kinds  of 
magnetic  telegraphs  together,  by  which  expedient  they  give  a 
meaning  to  some  of  the  testimony  which  was  never  intended. 


THE  AMERICAN  ELECTRO-MAGNETIC  TELEGRAPH.  7l 

For  instance:  When  Henry  says  that  in  1831  he  saw  that  the 
Electro-Magnetic  Telegraph  was  possible,  he  does  not  mean 
marking  telegraphs,  which  do  not  appear  ever  to  have  been 
thought  of,  but  signal  telegraphs  which  had  already  attracted 
the  attention  of  scientific  men  in  Europe. 

This,  then  is  the  foundation  on  which  Prof.  Morse  built :  the 
discoveries  and  inventions  of  Oersted,  Schweiger,  Arago,  Stur¬ 
geon  and  Henry.  It  was  known  that  mechanical  effects  could 
be  produced  by  Electro  Magnetism  on  a  circuit  of  considerable 
length,  but  how  long  was  entirely  unknown.  Here  Prof.  Morse 
commenced  his  structure. 

It  is  in  evidence  in  the  case,  that  as  early  as  1832,  on  board  the 
packet  ship  Sully  returning  from  France,  Prof.  Morse  conceived 
the  idea  of  his  marking  Telegraph  by  the  application  of  Elec¬ 
tricity  or  Electro  Magnetism.  He  had  the  result  in  his  mind, 
but  he  could  not  secure  it  by  patent,  because  he  had  not  pro¬ 
duced  it,  nor  could  he  describe  a  process  by  which  it  could  be 
produced.  A  patent  then  would  have  been  a  patent  for  an  ab¬ 
stract  principle  or  result. 

One  portion  of  his  means,  however,  was  matured  on  that 
occasion,  though  afterwards  somewhat  modified,  and  that  was 
his  alphabet  or  system  of  telegraphic  signs.  Even  Dr.  Jackson 
gives  him  credit  for  that.  See  Jackson’s  letter  of  November 
7th,  1837. 

But  neither  could  he  patent  that  system,  because  he  had  not 
yet  devised  a  plan  to  make  them,  and  there  was  no  Telegraph 
in  existence  to  which  they  could  be  attached  as  an  improve¬ 
ment.  Though  new ,  he  had  not  yet  made  them  useful.  They 
were,  however,  drawn  out  in  a  sketch  book  fully  identified  in 
this  case,  butwhich  perished  in  the  fire  which  destroyed  Dana’s 
Lectures.  It  is  in  evidence,  that  Prof.  Morse  contemplated 
making  these  characters  by  means  of  an  Electro-Chemical  pro¬ 
cess,  and  that  he  and  Dr.  Jackson  were  jointly  to  make  experi¬ 
ments  after  their  arrival  in  the  United  States,  to  ascertain  what 
solution  would  best  answer  the  purpose,  it  being  already  known 
that  if  certain  substances  were  dissolved  in  some  liquid,  and  a 
piece  of  paper  saturated  with  it,  the  Electric  current  passing 
through  the  paper  would  leave  a  visible  mark. 

It  is  in  evidence,  that  immediately  after  his  arrival  in  the 
.  United  States,  Prof.  Morse  cast  certain  type,  corresponding 
with  the  signs  or  letters  he  had  invented,  which,  instead  of  be¬ 
ing  applied  to  print  them  directly,  were  to  be  set  in  a  port-rule 
in  a  straight  line,  each  type  representing  the  letter  or  sign  in¬ 
tended  to  be  printed  at  the  distant  station.  These  type  so 
arranged,  were  then  made  to  pass  under  a  metallic  point  with 
which  each  type  in  its  turn  came  in  contact,  closing  the  circuit 
and  keeping  it  closed  a  longer  or  shorter  time,  as  the  type  re- 


72 


shaffner’s  telegraph  companion. 


presented  a  dot  or  a  line.  The  metallic  contact  being  broken 
as  each  letter  passed,  broke  the  circuit :  at  the  same  time  the 
prepared  paper  at  the  other  end,  passing  between  a  stylus  and 
a  metallic  cylinder,  both  in  the  circuit,  was  to  be  marked  with 
dots  and  lines  by  the  chemical  action  of  the  current  in  correspond¬ 
ence  with  the  type  which  closed  the  circuit.  This  contrivance 
was  equally  applicable  to  the  making  of  marks  by  the  Electro- 
Magnetic  process  ;  and  though  not  in  use  because  the  operators 
soon  learn  how  to  regulate  the  requisite  duration  of  the  current 
by  holding  down  the  key  a  longer  or  shorter  time,  thereby 
avoiding  the  necessity  of  putting  the  messages  in  type,  it  might 
yet  be  employed  with  advantage  in  cases  where  great  caution 
should  be  used  to  avoid  mistakes. 

The  contemplated  joint  experiments  of  Morse  and  Jackson 
were  never  made,  and  Morse  sought  out  separately  the  means 
of  printing  his  characters  at  a  distance,  by  means  of  Electro 
Magnetism. 

In  1835  he  constructed  a  rude  machine  embodying  all  the 
principles  and  appliances  of  an  Electro-Magnetic  Marking  Tele¬ 
graph  by  means  of  a  single  Circuit.  It  was  just  such  a  Tele¬ 
graph  as  Prof.  Henry  supposed  to  be  practicable  from  the  de¬ 
lusive  result  of  his  experiment  in  1831.  But  Prof.  Morse  was 
not  satisfied  that  he  could  get  power  enough  to  mark  at  any 
considerable  distance  by  means  of  a  single  Circuit.  lie,  there¬ 
fore,  sought  for  the  means  of  overcoming  this  anticipated  diffi¬ 
culty,  and  he  found  the  means  in  combined  circuits,  using  the 
mechanical  action  of  the  first  circuit,  to  close  and  break  the  sec¬ 
ond,  and  the  second  the  third,  and  so  on  indefinitely. 

How,  indeed,  an  Electro-Magnetic  Marking  Telegraph  was 
possible  and  not  before.  But,  let  the  witness,  Professor  Gale, 
tell  the  story.  The  following  are  extracts  of  his  Deposition, 
pages  142  and  144-5  of  the  Record,  viz  : 

“  That  in  the  month  of  January,  in  the  year  one  thousand 
eight  hundred  and  thirty  six,  I  wTas  a  colleague  Professor  in  the 
University  of  the  City  of  Hew  York,  with  Professor  Samuel  F. 
B.  Morse  who  had  rooms  in  the  University  building  on  Wash¬ 
ington  Square  in  said  City.  That  during  the  said  month  of 
January  of  the  year  aforesaid,  the  said  Professor  Morse  invited 
me  into  his  private  room  in  the  said  University  where  I  saw  for 
the  first  time  certain  apparatus  constituting  his  Electro-Magne¬ 
tic  Telegraph. 

.V.  ,y.  ,y.  ry,  .v.  .y, 

7v  vv  #V  VV  VV 

“  It  was  early  a  question  between  Professor  Morse  and  my¬ 
self,  where  was  the  limit  of  the  magnetic  power  to  move  a  lever  ? 
I  expressed  a  doubt  whether  a  lever  could  be  moved  by  this 
power  at  a  distance  of  20  miles,  and  my  settled  conviction  was, 
that  it  could  not  be  done  with  sufficient  force  to  make  characters 


THE  AMERICAN  ELECTRO-MAGNETIC  TELEGRAPH. 


73 


on  paper  at  100  miles  distance.  To  this  Prof.  Morse  was  ac¬ 
customed  to  reply,  4  4  4  If  I  can  succeed  in  working  a  magnet  ten 
miles  I  can  go  round  the  globe.’  ”  The  chief  anxiety  at  this 
stage  of  the  invention,  was  to  ascertain  the  utmost  limits  of 
distance  at  which  he  (Morse)  could  work  or  move  a  lever  by 
magnetic  power.  He  often  said  to  me,  44  4  it  matters  not  how 
delicate  the  movement  may  be,  if  I  can  obtain  it  all,  it  is  all  I 
want.’  ”  Prof.  Morse  often  referred  to  the  number  of  stations 
which  might  be  required,  and  which,  he  observed,  would  add 
to  the  complication  and  expense.  The  said  Morse  always  ex¬ 
pressed  his  confidence  of  success  in  propagating  magnetic  power 
through  any  distance  of  electric  conductors  which  circumstances 
might  render  desirable.  His  plan  was  thus  often  explained  to 
me :  4  Suppose’  said  Prof.  Morse  4  that  in  experimenting 

on  twenty  miles  of  wire  we  should  find  that  the  power  of  mag¬ 
netism  is  so  feeble  that  it  will  but  move  a  lever  with  certainty 
a  hair’s  breadth  ;  that  would  be  insufficient,  it  may  be,  to  write 
or  print,  yet  it  would  be  sufficient  to  close  and  break  another  or 
a  second  circuit  twenty,  miles  further,  and  this  second  circuit 
wmuld  be  made,  in  the  same  manner,  to  break  and  close  a  third 
circuit  twenty  miles  further,  and  so  on  around  the  globe.’” 

44  This  general  statement  of  the  means  to  be  resorted  to  now 
embraced  in  what  is  called  the  4  44  Receiving  Magnet,’  ”  to  ren¬ 
der  practical  writing  or  printing  by  Telegraph,  through  long 
distances,  was  shown  to  me  more  in  detail  early  in  the  spring 
of  the  year  1837,  (one  thousand  eight  hundred  and  thirty  seven), 
and  I  am  enabled  to  approximate  the  date  very  nearly  from  an 
accident  that  occurred  to  me  from  falling  on  the  ice  formed  of 
late  snow  in  the  spring  of  that  year.  The  accident  happened 
on  the  occasion  of  removing  to  Prof.  Morse’s  rooms  in  the  Hew 
York  University  some  pieces  of  apparatus  to  prepare  a  tem¬ 
porary  receiving  magnet. 

44  The  apparatus  was  arranged  on  a  plan  substantially  as  in¬ 
dicated  in  the  drawings  on  sheet  2  accompanying  this  affidavit. 
1  is  a  battery  at  one  terminus  of  a  line  of  conductors  represent¬ 
ing  20  miles  in  length,  from  one  pole  of  which  the  conductor 
proceeds  to  the  helix  of  an  Electro  magnet  at  the  terminus  (the 
helix  forming  part  of  the  conductor),  from  thence  it  returns  to 
the  battery  end  terminating  in  a  mercury  cup  O  from  the  con¬ 
tiguous  mercury  cup  P,  a  wire  proceeds  to  the  other  pole  of  the 
battery,  when  the  fork  of  the  lever  C  unites  the  two  cups  of 
mercury,  the  circuit  is  complete,  and  the  magnet  B  is  charged 
and  attracts  the  armature  of  the  lever  A  which  connects  the 
circuit  of  battery  2  in  the  same  manner,  which  again  operates 
in  turn  [on  the]  lever  E,  twenty  miles  further  and  so  on. 

44  This  I  depose  and  say  was  the  plan  then  and  there  revealed 
and  shown  to  me  by  the  said  Prof.  Morse,  and  which,  so  far  as  I 


74 


shaffner’s  telegraph  companion. 


know,  has  constituted  an  essential  part  of  his  Electro-Magnetic 
Telegraph  from  that  date,  till  the  present  time.” 

“  It  was  early  a  question,”  says  Prof.  Gale,  “between  Prof. 
Morse  and  myself,  where  was  the  limit  of  magnetic  power  to 
move  a  lever.”  Of  course,  it  was  early  in  1836.  Prof.  Morse 
could  not  tell,  but  he  replied  “  If  I  can  succeed  in  wording  a 
magnet  ten  miles ,  1  can  go  round  the  globe f  and  he  explained 
his  plan  to  be  the  use  of  the  first  circuit  to  break  and  close  a 
second,  and  so  on,  now  called  the  combined  circuit.  And  early 
in  1837,  he  actually  made  the  combination — Prof.  Morse  could 
not  have  derived  this  idea  from  Prof.  Hemy,  for  the  following 
reasons,  viz : 

First.  He  did  not  become  acquainted  with  him,  as  appears 
by  Henry’s  evidence,  until  late  in  1837  or  early  in  1838.  We 
apprehend  it  was  really  much  later. 

Secondly.  He  did  not  find  a  trace  of  it  in  Henry’s  article  of 
1831.  On  the  contrary,  that  article,  if  he  had  confidence  in  it, 
must  have  tended  to  convince  him  that  no  such  expedient  was 
necessary. 

Thirdly.  It  was  never  a  topic  of  conversation  between  Morse 
and  Henry,  at  least  prior  to  1839,  for  Henry  says  in  his  Deposi¬ 
tion,  (Record,  p.  424)  “I  heard  nothing  of  the  secondary  circuit 
as  a  part  of  Morse’s  plan  until  after  his  return  from  Europe, 
whither  he  went  in  1838.”  Although  at  page  425,  he  speaks 
of  several  visits  of  Morse  to  Princeton  to  confer  with  him,  they 
were  all  subsequent  to  1837,  about  the  end  of  which  year  by  his 
account,  their  first  acquaintance  was  formed.  And  it  is  worthy 
of  remark,  that,  although  Henry  says,  “  I  freely  gave  him  all 
the  information  I  possessed,”  he  nowhere  intimates  that  he  had 
given  him  the  least  idea  of  combined  Circuits.  The  reason  why 
this  combination  was  not  spoken  of  by  either,  may  be,  that 
Henry  still  had  faith,  that  with  Cruikshank’s  battery,  a  battery 
not  now  in  use,  a  current  of  electricity  might  be  projected  to 
any  distance,  if  not  with  an  increase  “  at  least  without  any 
sensible  diminution”  of  its  magnetic  “  influence,”  and  of  course, 
did  not  think  the  expedient  of  combining  circuits  worth  men¬ 
tioning  ;  wrhile  Morse  believing  the  same  thing,  from  Henry’s 
information,  also  thought  his  preconceived  and  perfected  plan 
wholly  useless,  and  never  mentioned  it.  Be  that  as  it  may,  it 
is  quite  evident  that  the  idea  was  not  suggested  by  either  to  the 
other,  and  was  probably  original  with  both. 

But  an  attempt  is  made  to  deprive  Prof.  Morse  of  the  merit, 
if  not  the  profit,  of  this  part  of  his  invention  by  a  misconstruc¬ 
tion  of  Prof.  Henry’s  testimony.  It  is  asserted  that  he  used  this 
very  combination,  and  explained  it  to  his  class  in  1833  or  1834. 
Prof.  Henry  makes  no  such  statement,  nor  any  statement  justi¬ 
fying  such  an  assertion.  The  following  extract  from  the  Re- 


\ 

THE  AMERICAN  ELECTRO-MAGNETIC  TELEGRArH.  75 

cord,  page  42,  contains  all  that  Prof.  Henry  says  on  the  sub¬ 
ject  ;  viz. 

“  In  February,  1837, 1  went  to  Europe,  and  early  in  April  of 
that  year,  Prof.  Wheatstone,  of  London,  in  the  course  of  a  visit 
to  him  at  King’s  College,  London,  with  Prof.  Bache,  now  of  the 
Coast  Survey,  explained  to  us  his  plans  of  an  Electro-Magnetic 
Telegraph,  and  among  other  things,  exhibited  to  us  his  method 
of  bringing  into  action  a  second  galvanic  circuit ;  this  consisted 
in  closing  the  second  circuit  by  the  deflection  of  a  needle,  so 
placed  that  the  two  ends  projecting  upwards,  the  open  circuit 
wmuld  be  united  by  the  contact  of  the  end  of  the  needle  when 
deflected,  and  on  opening  or  breaking  the  circuit  so  closed  by 
opening  the  first  circuit  and  thus  interrupting  the  current,  when 
the  needle  would  resume  its  ordinary  position,  under  the  in¬ 
fluence  of  the  magnetism  of  the  earth.  I  informed  him  that  I 
had  devised  another  method  of  producing  effects  somewhat 
similar.  This  consisted  in  opening  the  circuit  of  my  large 
quantity  magnet  at  Princeton  when  loaded  with  many  hundred 
pounds  weight,  by  attracting  upward  a  small  piece  of  movable 
wire,  with  a  small  intensity  magnet,  connected  with  a  long  wire 
circuit.  When  the  circuit  of  the  large  battery  was  thus  broken 
by  an  action  from  a  distance,  the  weights  would  fall,  and  great 
mechanical  effect  could  thus  be  produced,  such  as  the  ringing 
of  church  bells  at  the  distance  of  a  hundred  miles  or  more,  an 
illustration  which  I  had  previously  given  to  my  class  at  Prince¬ 
ton.  My  impression  is  strong,  that  I  had  explained  the  precise 
process  to  my  class  before  I  went  to  Europe,  but  testifying  now 
wfithout  the  opportunity  of  reference  to  my  notes,  I  cannot  speak 
positively ;  I  am,  however,  certain  of  having  mentioned  in  my 
lectures  every  year  previously,  at  Princeton,  the  project  of  ring¬ 
ing  bells  at  a  distance  by  the  use  of  the  Electric  Magnet,  and  of 
having  frequently  illustrated  the  principle  to  my  class,  by  caus¬ 
ing  in  some  cases  a  thousand  pounds  to  fall  on  the  floor,  by 
merely  lifting  a  piece  of  wire  from  the  cups  of  mercury  closing 
the  circuit. 

“  The  object  of  Prof.  Wheatstone,  as  I  understood  it,  in  bring¬ 
ing  into  action  a  second  circuit,  was  to  provide  a  remedy  for  the 
diminution  of  force  in  a  long  circuit.  My  object,  in  the  process 
described  by  me,  was  to  bring  into  operation  a  large  quantity 
magnet  connected  with  a  quantity  battery  in  a  local  circuit,  by 
means  of  a  small 
a  distance.” 

It  will  be  perceived,  that  Prof.  Henry  calls  Wheatstone’s 
Telegraph,  an  u  Electro-Magnetic  Telegraph ,”  though  it  was  a 
signal  Telegraph  only,  which,  instead  of  recording  letters  like 
Morse’s,  pointed  at  them  by  means  of  magnetic  needles. 

In  a  preceding  part  of  his  Deposition,  Prof.  Henry,  after 


intensity  magnet,  and  an  intensity  battery  at 


76 


shaffner’s  telegraph  companion. 

giving  an  account  of  the  results  of  his  experiments  upon  the 
single  circuit,  made  public  in  1831,  goes  on  to  say :  (page  421) 

“In  1832,  I  was  called  to  the  chair  of  Natural  Philosophy 
in  the  College  of  New  Jersey,  at  Princeton ;  and  in  my  first 
course  of  lectures  in  that  Institution  in  1833,  and  in  every 
subsequent  year  during  my  connection  with  that  Institution,  I 
mentioned  the  project  of  an  Electro-Magnetic  Telegraph,  and 
explained  how  the  Electro  Magnet  might  be  used  to  produce 
mechanical  effects  at  a  distance.” 

Now,  were  all  these  lectures  substantially  but  repetitions  of 
his  article  of  1831,  or  did  they  embrace  the  additional  idea  of 
combined  circuits,  as  means  of  effecting  these  mechanical  re¬ 
sults  ?  If  the  latter  had  been  the  case,  Henry  could  not  so  far 
have  forgotten  it,  as  to  have  any  doubt  whether  he  had  ex¬ 
plained  the  combined  circuits  to  his  class  before  he  went  to 
Europe  in  1837.  It  is  in  the  nature  of  things  impossible,  that  if, 
during  four  years’  lectures,  he  had  described  this  combination 
of  means  for  accomplishing  an  end,  he  should  have  forgotten 
those  means  while  he  distinctly  remembers  the  end.  While  he 
“  cannot  speak  positively”  as  to  ever  having  explained  the  com¬ 
bined  circuit  to  his  class  before  he  went  to  Europe  in  1837,  he 
says  “  I  am,  however,  certain  of  having  mentioned  in  my  lec¬ 
tures  every  year  previously  at  Princeton,  the  project  of  ringing 
bells  at  a  distance  by  the  use  of  the  Electro  Magnet,  and  of 
having  frequently  illustrated  the  principle  to  my  class  by  caus¬ 
ing  in  some  cases  a  thousand  pounds  to  fall  on  the  floor  by 
merely  lifting  a  ])iece  of  wire  from  two  cups  of  mercury  closing 
the  circuit.”  Now,  this  is  the  precise  mode  for  closing  and 
breaking  the  single  circuit  then  used  in  experiments,  and  was 
not  Henry’s  mode  of  bringing  into  action  a  secondary  circuit. 
“  This”  he  saj*s  “  consisted,”  (not  in  a  forked  wire  dipped  in 
two  cups  of  mercury  but)  in  opening  the  circuit  u  by  attracting 
upward  a  small  piece  of  movable  wire  with  a  small  intensity 
magnet,  connected  with  a  long  wire  circuit.”  When,  therefore, 
Prof.  Henry  says  he  is  certain  of  having  mentioned  every  year 
previously  at  Princeton ,  the  project  of  ringing  bells,  &c.,  and 
illustrated  the  principle  to  his  class  “  by  merely  lifting  a  piece 
of  wire  from  two  cups  of  mercury  closing  the  circuit,”  it  is  as 
much  as  to  say  “  the  piece  of  movable  wire”  was  not  used  in 
the  process. 

The  solution  of  this  matter  is  perfectly  easy.  The  short  single 
circuit  used  by  Henry  with  his  improvements  in  the  Electro 
Magnet,  was  competent  to  all  the  results  he  actually  exhibited , 
and  he  used  no  other.  He  does  not  pretend  that  he  did.  His 
impression  is,  not  that  he  used ,  but  that  he  merely  explained 
the  combined  circuit  to  his  class.  As  to  results  not  produced 
by  him,  such  as  ringing  bells  at  a  distance  of  one  hundred 


THE  AMERICAN  ELECTRO-MAGNETIC  TELEGRAPH. 


77 


miles,  &c.,  he  only  inferred  it  might  be  done,  basing  that  infer¬ 
ence  upon  his  improvements  in  the  Electro  Magnet  and  his  sup - 
posed  discovery  that  the  magnetic  action  from  a  particular  hind 
of  battery  “  is  at  least  not  sensibly  diminished  by  passing 
through  a  long  wire.” 

He  could  draw  no  other  inference  from  this  supposed  fact, 
and  if  it  had  turned  out  to  be  a  fact,  he  could  have  rung  bells 
by  a  single  circuit  not  only  at  a  distance  of  one  hundred  miles, 
but  of  ten  thousand  miles,  and  combined  circuits  would  never 
have  been  thought  of  for  any  practical  use. 

Prof.  Henry  does  not  state  when  he  first  conceived  the  idea  of 
combined  circuits,  or  say  positively  whether  he  had  it  at  all  be¬ 
fore  he  saw  it  in  operation  in  England,  in  1837.  If  he  explained 
it  to  his  class,  he  certainly  had  it,  but  he  is  not  positive  as  to 
that.  If  he  did  not  explain  it  to  his  class,  then  it  is  presumable 
he  did  not  have  it ;  or  considered  it  of  no  importance,  for  he 
doubtless  explained  to  his  class  all  he  knew  or  thought,  which 
he  considered  of  any  importance  on  the  subject.  All  that  Henry 
proves,  therefore,  is,  that  he  had  the  idea  in  April  1837,  saw  then 
an  actual  combination  by  Wheatstone  in  London,  and  suggested  a 
different  mode  for  breaking  and  closing  the  secondary  circuit. 
But  prior  to  that  time,  Morse  had  not  only  conceived  but  com¬ 
pleted  the  combination.  It  is  admitted  that  Prof.  Morse  neither 
invented  nor  improved  the  battery.  Neither  did  Prof.  Henry. 

All  he  did  in  that  respect  wras  to  test  the  capacity  of  known 
batteries  in  connection  with  his  improved  Electro  Magnet.  Nor 
is  it  any  real  disparagement  to  him,  that  being  misled  by  a 
single  experiment,  he  should  reason  that  it  might  be  u  a  fact 
that  the  galvanic  fluid,  in  order  to  produce  the  greatest  mag¬ 
netic  effect ,  should  move  with  a  small  velocity ,”  a  supposition 
long  since  proved  to  be  the  reverse  of  the  fact,  as  Prof.  Henry’s 
Deposition  virtually  establishes.  Since  1831,  Danielle’s  bat¬ 
tery,  and  Grove’s  battery  have  been  invented,  and  the  latter 
has  nearly  superseded  all  others  in  the  Telegraph  Lines.  It  is 
composed  of  cups  instead  of  pairs ,  and  these  cups  generally 
without  difference  in  size,  are  used  both  in  the  main  and  local 
circuits,  so  that  practically  in  the  Telegraph,  the  difference  be¬ 
tween  what  Prof.  Henry  calls  a  “  battery  of  intensity”  and  a 
“  battery  of  quantity”  is  merely  the  difference  between  a  big 
battery  and  a  little  battery,  “  an  intensity  magnet”  being  made 
magnetic  by  a  big  battery,  and  a  “  quantity  magnet  ”  by  a  little 
battery ;  and  a  big  battery  very  naturally  sends  out  a  swifter 
current  than  a  little  one  of  the  same  kind.  But  the  distinctive 
names  found  in  Prof.  Henry’s  Deposition,  do  not  appear  in  his 
article  of  1831,  and  we  regret  that  Science  has  not  clearer  ideas 
on  this  subject,  or  more  intelligible  terms  to  express  them. 

We  feel  as  if  we  have  gone  into  this  subject  with  unnecessary 


shaffner’s  telegraph  companion. 


78 

prolixity ;  for  what,  after  all,  does  Henry’s  testimony  amount 
to  in  its  broadest  construction,  but  that,  in  common  with  Oer¬ 
sted,  Schweiger,  Arago,  Sturgeon  and  others,  he  has  furnished 
some  of  the  materials  used  in  the  Telegraph,  without  pretend¬ 
ing  that  he  produced  a  Telegraph,  or  attempted  to  do  so  ? 

He  says  himself  “I  left  to  others  what  I  considered  in  a  sci¬ 
entific  view,  of  subordinate  importance — the  application  of  my 
discoveries  to  useful  purposes  in  the  artsfi  Record,  page  424. 
He  further  says  “I  have  always  considered  his  [Morse’s]  merit 
to  consist  in  combining  and  applying  the  discoveries  of  others 
in  the  invention  of  a  particular  instrument  and  process  for  tele¬ 
graphic  purposes.”  And  if  this  “  particular  instrument  and 
process”  wTere  the  very  first  that  gave  to  the  world  a  Recording 
Telegraph ,  do  they  not  in  law  entitle  Prof.  Morse  to  as  full  pro¬ 
tection  as  if  he  had  discovered  every  principle,  devised  every 
combination,  and  invented  every  particle  of  machinery  which 
he  employs  ?  Patent  law  does  not  accord  with  the  idea,  that 
the  production  of  useful  results,  is  of  u  subordinate  importance.” 
It  looks  upon  mere  scientific  discoveries  as  utterly  useless  until 
applied  to  useful  purposes  in  the  arts.”  Let  Henry  have  “  the 
consciousness  of  advancing  science,  the  pleasure  of  discovering 
new  truths,  and  the  scientific  reputation  to  which  these  labors 
would  entitle  him,”  which  he  says  is  “the  only  reward  he  ever 
expected,”  :  but  do  not  deny  to  Morse  the  reward  which  his 
country  has  promised  him  for  the  more  useful  if  not  more 
glorious  labors,  of  taking  in  hand  Henry’s  barren  truths ,  dress¬ 
ing  them  up  in  the  garb  of  utility,  and  sending  them  forth  to 
serve  and  bless  his  fellow  men. 


Art.  II. — MORSE’S  ELECTRO  TELEGRAPH. 

By  George  Gifford,  Esq. 

Argument  Submitted  to  the  Supreme  Court  of  the  United  States. 

THE  INVENTED  MACHINERY — PROCESS — ART  AND  ACHIEVEMENT. 

May  it  tlease  the  Honorable  Court  :  It  has  fallen  upon 
me  to  close  the  argument  on  the  part  of  the  appellees  in  this 
important  cause,  and  in  entering  upon  that  duty  I  find  myself 
laboring  under  the  same  embarrassment  of  want  of  sufficient 
time,  which  has  been  experienced  by  all  the  counsel  who  have 
preceded  me.  And  although  we  thank  the  court  for  the  allow¬ 
ance  of  more  time  for  the  argument  than  is  fixed  by  their  stand¬ 
ing  rules,  yet  we  did  believe  and  still  believe,  and  after  this  in¬ 
itiatory  examination  of  the  subject,  we  think  the  court  must 
concur  with  us  in  the  belief,  that  still  more  time  might  have 
been  properly  and  usefully  appropriated  to  the  investigation  of 


morse’s  electro  telegraph. 


79 

the  vast  amount  of  most  difficult  matter  in  this  case.  We  are 
not  unmindful  of  the  other  important  duties  of  this  court,  nor 
of  how  great  is  the  value  of  its  time  to  the  country  ;  but  we 
cannot  avoid  remembering  also,  how  small  is  the  value  of  a  few 
days  of  the  time  of  this  or  any  other  court,  compared  with  the 
vast  amount  of  time  which  Morse’s  Telegraph  is  daily  saving 
to  the  country  and  world.  The  invention  with  which  we  have 
to  deal  in  this  case,  is  unlike  those  which  have  usually  been 
subjects  of  judicial  investigation  by  the  learned  members  of 
this  court ;  it  is  so,  both  in  the  agent  employed  and  the  result 
attained. 

It  employs  a  subtle,  imponderable,  invisible  agent,  and  this, 
not  for  the  manufacture  of  tangible  things,  but  for  the  trans¬ 
mission  of  information. 

It  is  not  like  the  changed  and  varied  combinations  of  levers, 
wheels,  cams,  cylinders,  eccentrics,  pinions,  ratchets,  and  other 
visible  parts  of  apparatus  and  mechanical  fixtures,  constituting 
improvements  and  inventions  in  the  machines  and  devices  em¬ 
ployed  in  the  preparation  or  manufacture  and  improvement  of 
food,  raiment,  implements  of  husbandry,  and  a  variety  of  other 
tangible  things,  by  acting  upon  and  changing  the  form  or  quality 
of  tangible  substances,  wherein  an  occular  inspection  of  illus¬ 
trative  models  of  wood  or  metal  exhibits  the  whole  essence  of 
the  invention.  On  the  contrary,  this  invention  is  chiefly  con¬ 
structed  of  combinations,  relations,  and  conditions  far  more 
subtle  and  refined,  and  much  more  difficult  to  be  understood. 

The  apparatus  and  machinery  of  Morse’s  Telegraph,  sub¬ 
jected  here,  by  the  aid  of  models,  to  the  inspection  of  the  court, 
ingenious,  novel  and  important  as  it  is,  nevertheless  presents 
but  an  humble  appearance  to  the  mind  that  understands  and 
appreciates  the  soul  of  this  Telegraph,  imparting  the  mighty 
energy  wThich  its  works  alone  reveal. 

Nor  is  this  power  and  ability  a  result  of  chance,  but  on  the 
contrary  it  is  the  legitimate  and  designed  function  of  a  series 
of  combined  conditions  and  intermediate  results,  sustaining 
exact  and  fixed  relations  to  each  other,  and  though  intangible, 
yet  wrought,  jointed  and  adjusted  with  more  accuracy,  nicety 
and  skill  than  the  smith  displays  in  fitting  and  connecting  the 
physical  parts  of  his  time-piece,  and  all  indispensible  to  the 
practical  control  of  this  electric  messenger,  and  exhibiting  to 
an  investigating  mind  the  most  refined,  delicate,  and  effective 
touches  of  the  conquering  genius  of  the  inventor. 

The  power  of  the  invisible  constitution  of  this  invention  is 
known  best  by  its  works.  The  unseen  atmosphere  in  a  quiesent 
state  gives  little  indication  of  power,  but  when  raging  in  the 
hurricane,  the  effects  of  this  invisible  agent  evince  its  power. 
The  body  of  a  man  gives  no  indication  of  the  latent  power  of 


80 


shaffner’s  telegraph  companion. 


reposing  passion,  and  yet  passion  is  the  moving  power  of  the 
race  of  men,  and  is  known  only  by  its  works.  The  apparatus 
of  Morse’s  Telegraph  is,  comparatively,  simple  and  unosten¬ 
tatious  ;  but  the  conditions  and  relations  which  make  it  a  tele¬ 
graph  and  the  wonder  of  mankind,  are  intangible  and  invisible, 
and  for  that  reason  by  a  cursory  observer,  are  liable  to  be 
stumbled  over  unappreciated.  But  when  a  feeble  man,  stand¬ 
ing  near  a  telegraph  in  this  capitol,  and  by  gentle  touches  of 
the  finger,  and  within  fifteen  minutes,  can  hold  converse  with 
the  remote  parts  of  the  four  quarters  of  the  Rupublic — with 
Maine,  Louisiana,  Wisconsin,  and  the  Lakes,  then  it  is  that  its 
inherent  energies  and  power  are  exhibited  in  its  triumphant 
result  of  intercepting  time  and  obliterating  space ;  and  then  it 
is  that  we  are  forced  to  concede  that  the  visible  apparatus  is 
but  an  inadequate  exponent  to  the  Telegraph,  and  then  we  rea¬ 
lize  the  necessity  of  a  further  investigation  in  quest  of  those 
parts  and  features  of  the  invention  by  which,  together  with  the 
machinery,  it  performs  its  gigantic  feats.  In  this  I  hope  to  be 
of  some  service  to  the  court.  This  may  be  thought  by  some  to 
be  too  metaphysical,  such  notions,  however,  are  not  realities, 
but  mere  apologies  to  excuse  from  the  labor  of  investigation. 

As  has  already  been  stated  by  my  colleague,  limitation  of 
time  has  rendered  it  necessary  to  omit  comment  on  any  minor 
points  in  this  case,  and  for  the  counsel  of  the  appellees  to  make 
a  division  among  them  of  the  main  points  submitted  upon  their 
brief,  and  for  each  to  confine  himself  exclusively  to  the  points 
within  his  division. 

The  points,  on  the  printed  brief  of  the  appellees,  cover  all 
material  matters  put  in  issue  by  the  pleadings  in  the  court  be¬ 
low,  and,  therefore,  as  we  suppose,  cover  all  that  can  properly 
be  controverted  here.  But  the  extraordinary  course  of  our 
learned  opponent  who  opened  the  argument  in  behalf  of  the 
appellants,  in  urging  his  supposed  right  to  originate  here,  for 
the  first  time,  other  issues — issues  not  made  by  the  pleadings, 
nor  heard  of  in  the  court  below,  and  unknown  to  the  record, 
and  never  made  at  all  until  recorded  in  the  printed  brief  of  the 
learned  counsel,  has  given  rise  to  certain  other  points  apper¬ 
taining  to  the  merits  of  the  case,  the  importance  of  presenting 
or  omitting  wdiich  will  depend  upon  the  decision  of  the  court, 
on  the  preceding  question  of  practice,  that  is,  whether  the  ap¬ 
pellants  have  a  right  to  a  tranformation  of  this  court  into  one 
of  original  jurisdiction  in  this  case,  and  to  so  frame  new  issues 
to  be  here  tried  for  the  first  time.  This  question  of  practice 
fell  within  the  division  of  my  learned  colleague,  who  we  think, 
without  much  effort,  has  successfully  maintained  the  negative 
of  such  a  proposition. 

And  although  the  appellees  would  have  had  nothing  to  fear 


morse’s  electro  telegraph. 


31 


from  the  matters  involved  in  any  such  new  issues,  now  here 
made  and  insisted  upon  by  our  learned  opponents,  had  such 
issues  been  made  in  the  tribunal  where  they  could  have  been 
met  by  the  proper  testimony,  yet  they  do  protest  against  the 
right  of  the  appellants  to  now  and  here,  for  the  first  time,  pre¬ 
sent  new  issues  involving  questions  of  fact,  which  in  whole 
or  in  part  can  be  determined  only  by  testimony;  and  to  do  this 
at  a  stage  of  the  controversy,  and  in  a  court  where  new  testi¬ 
mony  cannot  be  offered ;  and  they  protest  against  this  propo¬ 
sition  as  being  without  precedent,  and  contrary  to  the  rules  and 
practice  of  this  court.  Still,  as  we  cannot,  with  entire  certainty, 
anticipate  the  conclusion  of  the  court  on  this  question  of  prac¬ 
tice,  and  as  evidence  taken  with  reference  to  other  issues  can 
be  gathered  from  the  record  sufficient  to  meet  and  negative 
even  the  propositions  of  our  opponents,  founded  on  these  new 
issues,  we  have  resolved  to  not  leave  them  entirely  untouched, 
but  to  give  them  such  attention  only  as  may  be  consistent  with  a 
more  full  consideration  of  the  other  issues  which  were  made  in 
the  court  below,  and  which  we  regard  as'  the  only  questions 
properly  before  this  court. 

Of  these  new  issues  it  falls  to  me  to  consider  only  those  in¬ 
volving  questions  made  upon  the  re-issuing  of  Morse’s  patents, 
the  others  fell  into  more  able  hands,  and  have  been  disposed  of 
by  my  colleagues. 

The  questions  appertaining  to  the  merits  of  the- case  properly 
before  the  court,  and  all,  as  we  submit,  with  which  they  will 
find  it  necessary  to  tax  their  attention,  are  recorded  in  our  brief, 
and  have  been  referred  to  and  re-stated  by  one  of  my  collea¬ 
gues,  and  it  will  be  unnecessary  for  me  to  recapitulate  them 
here;  suffice  it  for  me  to  remind  the  court  that  those  falling 
within  my  division  are  : 

1st.  The  patentability  of  the  subject  matter  of  the  1st,  5th 
and  6th  claims  of  the  patent  of  1810,  as  re-issued  in  1848. 

2d.  The  patentability  of  the  subject  matter  of  the  patent  of 
1846,  as  re-issued  in  1848,  in  reference  to  its  relation  to  and 
difference  from  anything  included  in  the  patent  of  1840. 

3d.  Infringement. 

4th.  Disclaimer. 

After  disposing  of  those  points,  then,  if  time  will  permit, 

5th.  To  briefly  examine  the  new  questions  raised  by  our  op¬ 
ponents,  as  to  the  validity  of  the  several  re-issues  of  the  patents. 

The  principles  of  law  which  these  points  involve  are  so  well 
settled,  and  are  so  familiar  to  this  learned  court,  as  to  require  no 
parade  or  exhibition  of  authorities  and  cases  to  maintain  them. 
It  will  be  more  useful  to  dwell  upon  the  relation  between  the 
facts  and  the  law. 

Before  taking  up  these  points  in  their  order,  and  preparatory 

6 


82 


siiaffner’s  telegraph  companion. 


to  a  consideration  of  them,  it  will  be  important  to  pause 
and  look  into  the  vital  parts  of  the  invention  of  Morse’s 
Telegraph. 

No  safe  conclusion  can  be  arrived  at  as  to  whether  the  claims 
of  a  patent  for  an  invention  are  proper  or  improper,  or  whether, 
and  in  what  there  has  been  an  infringement,  unless  the  inven- 
tion  be  subjected  to  an  examination  sufficiently  searching  to 
determine  both  its  quantity  and  hind  of  novelty ;  for  as  well 
might  one  attempt  to  decide  upon  a  question  of  trespass  upon 
land  without  knowing  its  boundaries,  or  how  far  the  title  of 
the  claimants  extended. 

To  follow  the  course  of  the  inventor’s  mind,  and  make  such 
an  examination  of  many,  and  indeed  of  most  inventions,  is  an 
easy  task,  while  others  require  the  exercise  of  the  best  faculties 
of  the  mind,  and  the  most  enduring  patience. 

Many  inventions  consist  only  of  a  single  combination,  and 
that  too,  of  tangible  parts  of  apparatus  or  machinery,  where  a 
slight  inspection  will  possess  the  mind  of  all  there  is  of  it; 
others  consist  of  many  combinations,  and  are  of  a  compound 
character,  and  therefore  more  difficult  to  understand ;  but  the 
combinations  of  which,  still  being  limited  to  parts  of  tangible 
apparatus  or  machinery,  can  easily  be  understood  from  a  more 
careful  ocular  inspection.  But,  there  are  still  others  consisting, 
not  only  of  many  combinations,  but  of  many  classes  of  com¬ 
binations  ;  one  class  consisting,  perhaps,  of  combinations  in 
apparatus  or  machinery;  another  class  of  combinations  of  mo¬ 
tions  ;  another  class  of  combinations  of  intermediate  results  ; 
another  class  of  intermediate  conditions,  and  finally  involving 
the  combination  together  of  the  several  classes,  constituting  a 
complicated  whole,  in  which  every  element  of  each  class  or  an 
equivalent  is  an  efficient  and  important  agent  in  attaining  the 
ultimate  and  designed  result  of  that  class,  and  in  which  also  such 
ultimate  result  of  each  class  of  combinations  forms  either  an 
indispensable  intermediate  condition,  or  effect  in  attaining  the 
final  result  of  the  whole,  or  an  indispensable  component  part 
of  the  whole  combination. 

Inventions  of  this  last  character  are,  of  necessity  and  from 
their  nature, <  most  difficult  to  understand — and  such,  too,  bring¬ 
ing  out  great  and  useful  results,  are  the  ripest  fruits  of  the 
longest  and  most  indefatigable  efforts  of  the  greatest  and  most 
enduring  genius;  and  if  genius  be  not  absolutely  necessary  to 
even  understand  them  after  produced,  it  is  certain,  that,  at  least, 
a  careful,  patient,  and  sometimes  long  and  tedious  investiga¬ 
tion  is  necessary  ;  and  if  any  one,  called  to  limit  the  magnitude 
of  such  an  invention  and  define  the  merits  and  rights  of  its 
author,  and  to  find  division  lines,  and  to  fix  the  boundaries 
thereto,  content  himself  with  only  a  cursory  inspection  of  the 


morse’s  electro  telegraph. 


83 


visible  parts  of  the  clothing  of  the  invention,  without  a  patient 
examination  of  the  parts  which  enter  so  vitally  into  its  life  and 
principle,  and  give  it  energy,  efficiency  and  utility,  he  may  be 
expected  to  be  and  remain,  where  he  commences,  upon  the  sur¬ 
face  of  the  thing,  unconscious  of  the  grandeur,  beauty  and 
order  displayed  in  the  superstructure  below  ;  and  in  such  case, 
too  often,  it  would  be  by  mere  accident  if  the  response  to  the 
inventor’s  call  for  protection  and  justice  be  more  than  an  unin¬ 
tentional  slander  upon  his  merits  and  his  invention.  We  con¬ 
gratulate  the  inventor  of  Morse’s  Telegraph,  that,  although  the 
spring  and  summer  of  his  life  have  been  spent  in  the  philan¬ 
thropic  work  of  his  invention,  amid  alternate  hopes  and  fears, 
he  has  lived  to  be  present  and  see  his  invention  and  cause  sub¬ 
mitted  to  this  Supreme  Tribunal  of  his  country,  whose  duty  and 
desire  to  reward  merit  by  justice  will  overrule  every  consider¬ 
ation  of  personal  inconvenience  and  arduous  labor,  necessary  for 
such  full,  ample  and  elaborate  examination  as  will  exclude  all 
danger  of  a  misapprehension,  or  a  misunderstanding  of  the 
nature,  character  and  extent  of  his  invention. 

Morse’s  telegraph  partakes  of  three  distinct  classes  of  patent- 
able  subject  matter;  1st,  apparatus  or  machinery ;  2nd,  pro¬ 
cess  ;  and  3d,  an  art  •  each  of  which,  independently  of  the 
others,  is  a  fair  and  perfect  subject,  within  the  law,  fora  patent, 
and  any  of  which  might  have  been  patented  without  patenting 
either  of  the  others,  but  all  of  which  in  this  case,  and  properly 
too,  are  patented. 

It  will  be  found,  on  attaining  familiarity  with  the  details  of 
Morse’s  invention,  that  it  is  not  a  want  or  scarcity  of  novelty 
which  renders  it  difficult  to  be  understood,  and  difficult  to  fix 
the  limits  of  his  right,  but  that,  on  the  contrary,  this  results 
from  the  greatness  of  the  amount  and  the  diversity  of  novelty 
included  in  it. 

If  Morse’s  invention  consisted  only  of  novel  apparatus,  or 
only  of  a  novel  process,  or  only  of  a  new  art,  then  it  would  be 
comparatively  easy  for  the  mind  to  embrace  and  identify  it,  and 
then  there  would  be  less  danger  of  injustice  to  the  inventor 
from  any  omission  or  mistake.  As  it  is,  however,  it  is  a  severe 
task  to  become  so  familiar  with  the  many  things  about  the  in¬ 
vention,  and  the  character  of  the  objections  raised  to  Morse’s 
rights,  as  to  avoid  error  in  conclusion.  We  hear  it  said  by  some 
that  Morse  is  undoubtedly  the  inventor  of  his  peculiar  appara¬ 
tus  or  machinery,  and  ergo,  not  of  a  process  or  art ;  by  others 
that  he  is  unquestionably  the  inventor  of  his  peculiar  process, 
and  ergo  not  of  the  apparatus  or  an  art ;  by  others,  that  he  is 
the  inventor  of  a  new  art,  and  that  it  is  no  matter  as  to  the  pro¬ 
cess  or  apparatus  ;  by  others,  that  he  is  evidently  the  inventor 
of  the  process  and  apparatus,  and  could  not  be  of  an  art ;  by 


84 


shaffner’s  telegraph  companion. 


others,  that  he  must  have  been  the  originator  of  the  art  and 
process,  and  ergo,  it  is  of  no  consequence  about  the  apparatus  ; 
by  others,  that  he  may  have  discovered  the  art,  but  could  have 
invented  nothing  but  the  machinery. 

Now,  one  difficulty  appears  to  be,  that  all  of  them  are  right  in 
part  and  all  wrong  in  part ;  they  are  all  right  in  their  premises, 
as  far  as  they  go,  but  are  all  wrong  in  their  conclusions;  they 
content  themselves  with  erroneous  conclusions,  somtimes  from 
inability  to  comprehend  others,  and  sometimes  from  a  want  of 
patience  to  investigate,  either  of  which,  in  the  end,  exhibits  the 
same  error  and  mischief. 

It  does  not  follow,  that  because  Morse’s  Telegraph  contains 
many  points  of  novelty  within  one  class  of  patentable  subject 
matter,  that  it  may  not,  or  does  not  also  partake  of  other  dis¬ 
tinct  classes  of  patentable  matter.  The  fact  is,  that  Morse’s 
invention  contains  novelties  of  each  class  ;  that  is,  in  machin¬ 
ery,  process,  and  art ;  and  it  were  monstrous  if  the  magnitude  of 
the  invention  were  allowed  to  diminish  instead  of  enhancing 
acknowledged  merit.  Nor  does  it  follow  that  he  has  no  right 
to  claim  and  patent  the  novelties  of  each  class  because  there 
are  others  in  other  classes,  nor  because  of  the  still  additional 
novelty  of  the  several  classes  being  combined  as  a  whole. 

Under  the  first  point  which  I  am  to  discuss,  I  desire  here,  as 
a  means  of  developing  the  magnitude  of  Morse’s  invention,  and 
exhibiting  the  rich  treasures  of  his  genius,  to  present  four 
views  in  relation  to  his  telegraph. 

1st. — Preparatory  to  a  due  appreciation  of  the  means,  I  will 
briefly  notice  the  nature  and  character  of  the  specific  objects  to 
be  attained  by  it. 

2nd. — I  will  next  submit  an  analytical  view  of  the  compo¬ 
nent  parts  or  elements  of  the  process. 

3rd. — I  will  endeavor  to  present  a  like  view  of  the  essen¬ 
tial  character  of  the  machinery,  or  physical  parts  of  the 
invention. 

4th. — I  shall  attempt,  and,  I  sincerely  believe  shall  be  able, 
to  demonstrate  that  Morse’s  Telegraph  embraces  within  it  a 
new  and  patentable  art. 


To  be  continued. 


THE  ANCIENT  AND  MODERN  TELEGRAPH. 


85 


Art.  IH.— THE  ANCIENT  AND  MODERN  TELEGRAPH.* 

SENTINEL  TELEGRAPH — FIRE  PILES INDIAN  RUNNERS — CARRIER  PIGEONS 

TELESCOPES— CANNON  REPORTS — ROCKETS — ELECTRIC — ELECTRO-MAGNETIC. 

“  Canst  thou  send  lightnings,  that  they  may  go,  and  say  unto  thee,  ‘  Here  we 
are  V  ” — Scripture . 

It  is  even  so.  The  inquiry  has  been  answered  in  one  grand 
and  magnificent  sense.  The  querist  and  man  of  patience  little 
dreamed,  when  using  this  grand  metaphor  to  give  greater 
effect  to  his  reproach,  and  to  illustrate  the  power  of  Omnipo¬ 
tence,  that  he  was  but  uttering  a  eulogy  upon  science,  while 
he  claimed  for  the  Deity  but  an  attribute  within  the  province 
of  mortal  triumphs  and  mortal  genius.  “  Canst  thou  send 
lightnings,  that  they  may  go,  and  say  unto  thee,  ‘Here  we 
are?5  ”  That  restless  and  ambitious  thing,  the  human  mind, 
undeterred  by  the  subtlety  of  divine  themes,  or  the  awfulness 
of  ethereal  problems,  has  boldly  pushed  investigation  through¬ 
out  the  domain  of  electrical  phenomena,  and  fettered  the 
hoary  potentate  of  storms  on  his  very  throne.  ISTay,  it  has 
torn  away  the  sceptre  of  the  fierce  god,  sequestered  the 
elements  of  his  realm,  and  tamed  the  spirit  of  tempests  to  do 
the  weak  bidding  of  man.  Science  in  this  has  surpassed  itself 
It  has  not  only  accomplished  a  prodigy,  but  has  worked  a  mira¬ 
cle — a  miracle  so  vast,  so  incomprehensible,  that  the  age,  much 
as  it  has  advanced  in  knowledge  and  enlightenment,  cannot 
compass  the  extent  of  the  discovery  to  which  it  has  given  birth. 
The  lightnings  have  been  trained  to  utter  the  language  of  men  ! 
Can  we  conceive  of  anything  more  sublime  or  grand  ?  more 
thrilling  or  lofty  in  the  field  of  imagination  ?  We  aspire  in  our 
arrogance  to  count  the  suns  and  planets  within  the  visual 
range;  explore  the  scope  of  the  physical  heavens;  transfer 
light  and  revealed  darkness  to  canvass  ;  imitate  the  works  of 
the  Creator  in  senseless  stone  ;  compress  air  into  dense  and 
powerful  bodies  ;  generate  a  motive  agency  from  water ;  follow 
comets  and  blazing  heralds  through  trackless  wastes;  and 
knowledge  and  science  in  these  pursuits  have  acquired  immor¬ 
tal  honors.  But  what  is  all  this  to  subjugating  the  lightnings, 
the  mythological  voice  of  Jehovah,  the  fearful  omnipotence  of 
the  clouds,  causing  them  in  the  fine  agony  of  chained  submis¬ 
sion  to  do  the  offices  of  a  common  messenger — to  whisper  to  the 
four  corners  of  the  earth  the  lordly  behests  of  lordly  man  ! 


From  He  Bow’s  Review'. 


86 


shaffner’s  telegraph  companion. 


But  for  the  present,  we  shall  treat  of  only  one  branch  of  the 
subject. 

Telegraphs  were  doubtless  invented  coeval  with  the  institu¬ 
tion  of  society,  or  the  organization  of  communities.  In  prime¬ 
val  days,  sentinels  stood  upon  the  house-tops,  and  by  gestures 
and  postulary  signs,  communicated  the  intelligence  with  which 
they  were  charged.  Messages  were  conveyed  long  distances  by 
means  of  trumpeters  stationed  on  contiguous  hill-tops,  who  by 
minding  certain  tones  from  their  instruments,  could  readily  and 
intelligibly  convey  their  tidings  from  place  to  place.  When  in¬ 
telligence  of  a  peculiar  character  was  desired  and  expected, 
piles  of  combustible  matter  were  prepared  on  elevated  points, 
and  watchmen  appointed  to  guard  and  light  them  at  the 
appointed  signal.  Clytemnestra ,  in  the  Agamemnon  of  JEschy- 
lus ,  gives  us  a  beautiful  description  of  these  journeying  tele¬ 
graphs.  The  watchman  of  the  tower  has  nightly  scanned  the 
horizon  for  ten  long  years,  in  vain  to  catch  the  gleam  that  is  to 
announce  the  fall  of  Xlion.  At  last  it  comes  : — 

A  gleam — a  gleam  from  Ida’s  height, 

By  the  fire-god  sent  it  came  ; 

From  watch  to  watch  it  leapt,  that  light, 

As  a  rider  rode  the  flame. 

It  shot  through  the  startled  sky, 

And  the  torch  of  that  blazing  glory 

Old  Lemnos-caught  on  high, 

On  its  holy  promontory. 

And  it  sent  it  on,  the  jocund  sign, 

To  Athos,  mount  of  Jove  divine, 

So  that  the  might  of  the  journeying  light 
Skimmed  o’er  the  back  of  the  gleaming  brine ; 

Faster  and  farther  speeds  it  on, 

Till  the  watch  that  keep  Macistus  steep 

See  it  burst  like  a  blazing  sun  1 
Doth  Macistus  sleep 
On  his  tower-clad  steep  ? 

No  !  rapid  and  red  doth  the  wild  fire  sweep  : 

It  flashes  afar  on  the  wayward  stream 
Of  the  wild  Euripus,  the  rushing  beam! 

It  rouses  the  light  on  Massapion’s  hight, 

And  they  feed  its  breath  with  the  withered  heath. 

But  it  may  not  stay, 

And  away — away — 

It  bounds  in  its  freshening  might,  &e.,  &c. 

Another  mode  of  telegraphing  was  by  employing  fleet  run¬ 
ners,  who  bore  despatches  with  almost  incredible  celerity.  The 
monarchs  of  Mexico  were  noted  for  their  corps  of  Indian  mes¬ 
sengers,  who  wTere  able  by  co-operating  together,  to  carry  a 
message  a  distance  of  two  hundred  and  fifty  leagues  in  a  day. 
Primitive  European  nations  had  legionaries,  who,  with  elevated 
spears,  sent  tidings  afar;  and  succeeding  generations  substitu¬ 
ted  the  telescope,  the  mirror,  the  cannon,  and  the  carrier  pigeon. 


THE  ANCIENT  AND  MODERN  TELEGRAPH. 


87 


Rockets  came  later,  then  the  post-boy,  and  finally  the  wooden 
structures,  which  may  yet  be  found  in  many  parts  of  Europe, 
and  which,  in  some  respects,  bear  a  close  similarity  to  the  wind¬ 
mill  edifices  against  which  Don  Quixote  expended  so  much 
fruitless  ire  and  aggressive  valor.  The  post-coach,  however, 
despoiled  these  inventions  of  much  of  their  importance  and 
utility.  Carrier  pigeons  were  wholly  dispensed  with  ;  rockets 
were  tossed  out  of  the  civil  community  into  the  military  ranks; 
the  modern  colossus,  with  its  ponderous  arms,  was  deemed  in¬ 
dispensable  only  in  extraordinary  emergencies,  or  for  marine 
purposes  ;  the  telescope  was  valued  only  for  discerning  objects 
at  a  great  distance,  or  was  turned  over  to  the  use  of  philoso¬ 
phers  ;  by  common  consent,  the  mirror  was  awarded  to  the 
ladies,  and  became,  if  not  their  exclusive,  their  chief  source  of 
delight;  and  whatever  other  modes  of  telegraphing  remained, 
if  any,  were  allowed  to  become  obsolete,  or  were  consigned  to 
oblivion.  Science  had  been  active  in  its  researches;  and  disco¬ 
very  led  to  discovery,  until  at  length  the  world  was  u  startled 
from  its  propriety”  by  the  introduction  of  the  steam  engine 
and  the  railway,  those  stupenduous  revolutionizers,  that  are 
fast  linking,  in  indissoluble  ties  of  fraternity,  nation  with  nation, 
and  interest  with  interest,  until,  anon,  in  this  iron  embrace,  they 
u  shall  know  war  no  more.” 

But  science  had  yet  to  achieve  a  greater,  may  we  not  truly 
say  its  greatest  triumph  ?  It  has  been  so  since  the  application 
of  the  mind  to  the  investigation  of  great  subjects,  that  in 
solving  an  intricate  problem,  we  find  that  the  secret  is  also  the 
key  to  the  solution  of  another;  and  this  progress  in  mental 
conquest  demonstrates  the  necessity  of  new  and  untried  instru¬ 
ments  for  the  hand.  On  this  basis,  or  by  this  parity  of  reason¬ 
ing,  we  naturally  arrive  at  this  conclusion  :  that  without  genius, 
science  would  be  powerless ;  without  science,  ignorance  would 
predominate  over  knowledge.  We  are  apt  to  marvel,  that  in 
this  nineteenth  century  so  many  profound  truths  in  philosophy, 
and  secrets  in  art,  have  been  brought  to  light,  compared  with 
what  has  been  divulged  or  discerned  during  the  past  centuries ; 
but  let  us  not  forget,  that  a  fragmentary  knowledge  of  our  new 
electric  telegraph  had  existed  in  the  human  mind  for  hundreds 
of  years  ;  it  needed  only  a  master  mind  to  unite  the  elements  ; 
a  master  hand  to  foro’e  the  mechanical,  instruments,  to  show  to 
the  wondering  world  the  perfect  work.  And,  as  one  impediment 
is  overcome,  all  other  obstacles  are  easily  surmounteVl.  The  art 
of  expressing  thought  with  types,  perhaps,  suggested  the  idea 
of  conveying  to  the  eye  images  of  nature  in  print  from  modern 
blocks.  It  may  be,  that  the  optician,  in  attempting  to  improve 
the  focal  powers  of  spectacles  tor  the  eye,  was  moved  to  conceive 
the  idea  of  the  telescope.  But  what  suggested  the  spectacles, 


88 


siiaffner’s  telegraph  companion. 


if  not  some  previous  effort  of  the  mind  to  unlock  the  secrets  of 
science,  and  which  mechanical  skill  turned  to  permanent  and 
valuable  good  ? 

The  first  telegraph  constructed  on  purely  scientific  principles, 
was  an  instrument  closely  resembling  the  common  telescope  now 
in  use.  The  author  of  the  invention  was  Robert  TIooke,  a 
philosopher  of  the  seventeenth  century.  Ilooke,  however,  fur¬ 
nished  no  system  of  signals  with  his  instrument,  and  he  died 
disappointed  in  finding  that  his  genius  had  attracted  so  little  at¬ 
tention.  But  the  attempt,  abortive,  as  it  had  been,  to  supersede 
the  modes  of  telegraphing  in  vogue  by  some  new  and  untried 
method,  stimulated  the  philosophers  of  Germany  and  France  to 
employ  their  inventive  faculties  to  the  same  end.  Four  years 
after  the  death  of  Hooke,  William  Amentons,  a  Frenchman!,  of 
Lisle,  brought  forward  a  plan,  the  details  of  which  he  had  pla¬ 
giarized  from  Hooke ;  but  the  principal  feature,  and  that  for 
which  he  claimed  originality,  was  the  table  of  characters  which 
accompanied  it.  This  table  contained  the  letters  of  the  alphabet, 
and  a  key  explained  to  the  operator  the  signs  or  signals  that  ex¬ 
pressed  the  sense  of  the  letters,  or  any  combination  thereof. 
Persons  stationed  at  appropriate  distances  along  a  line  or  route, 
could  despatch  messages  with  considerable  facility  by  this  inven¬ 
tion.  But  Amentons  came  to  Paris  at  a  wrong  period.  He  laid 
the  result  of  his  labors  before  the  royal  court ;  but  it  was  a  time 
when  vice  and  debauchery  held  undisputed  sway  there — when 
virtue  was  jeered  at  from  the  throne  to  the  peasant,  and  genius 
was  left  to  neglect  and  starvation.  Amentons  was  not  more 
successful  than  Hooke  had  been. 

But  science  was  not  to  be  deterred  from  its  great  purpose, 
despite  the  ridicule  of  royal  concubines.  Marcel  next  stepped 
into  the  arena  of  discovery  ;  then  Linguet,  Dupuis,  Edgeworth, 
Bergstratter,  and  a  host  of  others  of  less  pretensions.  Marcel 
pined  and  labored  in  poverty,  and  died  without  reward  in  ob¬ 
scurity,  cherishing  his  fond  project  to  the  last.  He  aimed  to 
perfect  his  scheme  before  he  divulged  it  to  the  world  ;  but  failing 
to  incite  confidence,  and  obtaining  no  succor  with  which  to 
prosecute  his  studies,  he  burnt  his  designs,  buried  his  secret,  and 
u  wrapping  his  cloak  about  him,  brooded  in  silence  and  despair, 
until  relieved  of  his  burden  of  life,”  which  event  happened  soon 
after.  Linguet  had  little  to  lose,  and  everything  to  gain  by  a 
discovery.  He  was  at  this  time,  and  had  long  been,  an  inmate 
of  the  Bastile,  and  perhaps  after  all,  his  pretension  was  a  ruse 
by  which  to  obtain  his  liberty.  He,  however,  asserted  that  he 
had  invented  a  telegraph  which  would  supersede  all  others,  and 
proposed, to  exchange  the  secret  for  his  enlargement.  It  is  not 
known  whether  government  ever  paid  any  attention  to  the 
inventor;  at  all  events,  his  plan,  whatever  it  was,  never  enlisted 


THE  ANCIENT  AND  MODERN  TELEGRAPn. 


89 


the  encouragement  or  patronage  of  any  one.  Edgeworth  put 
forward  greater  claims  than  all  his  predecessors  or  contempo¬ 
raries  ;  but  meanwhile  the  German  philosophers  had  inundated 
Europe  with  every  variety  of  plan  and  design  of  telegraph,  so 
that  it  would  be  difficult  to  particularize  in  what  Edgeworth  had 
been  original,  or  what  he  had  borrowed  without  credit  from  his 
rivals  and  competitors. 

Claude  Chappe,  a  French  theological  student,  of  Angers,  “  who 
was,”  according  to  a  living  writer,  “  so  indolent  that  his  parents 
thought  him  fit  for  no  other  profession  than  the  church,”  was 
the  originator  of  the  telegraph  which  still  bears  his  name.  His 
brothers  were  at  a  school  three  leagues  distant,  and  Claude  had 
frequent  occasion  to  communicate  with  them ;  but  he  most 
heartily  detested  the  journey  which  he  was  compelled  still  to 
undertake  before  he  could  reach  them.  One  day  he  set  about 
cudgeling  his  brains  howT  to  obviate  this  difficulty.  The  result 
of  many  experiments  was  the  invention  of  the  upright  post,  re¬ 
revolving  beam,  and  circulating  arms — those  frightful  wayside 
giants  which  are  still  to  be  seen  whirling  and  striking,  and 
gyrating,  and  rioting  in  many  parts  of  the  Old  World.  Chappe 
was  inspired  with  a  new  idea  at  the  success  of  his  plan.  lie  cast 
aside  his  indolence,  and  began  a  series  of  experiments,  the  fruits 
of  which  have  made  his  name  illustrious.  As  soon  as  he  had 
improved  and  systematized  his  scheme,  he  repaired  to  Paris,  and 
explained  its  principles  and  operations  to  the  republican  assem¬ 
bly.  This  was  in  1792.  France  was  at  war  with  the  great 
powers,  and  early  intelligence  was  of  the  first  importance  to  the 
authorities  of  the  capital.  After  an  official  trial,  his  project  was 
highly  approved,  and  himself  dubbed  Ingenieur  Telegrajphe. 
The  first  message  this  telegraph  conveyed  to  Paris,  was  the  an¬ 
nouncement  of  the  surrender  of  Conde  to  the  Republic.  France 
then  wholly  adopted  the  system,  and  placed  the  brothers  Chappe 
in  the  office  of  general  superintendence. 

When  we  come  to  consider  the  necessities  of  speedy  deliveries 
of  intelligence  in  our  present  day — the  augmentation  of  com¬ 
mercial  and  maritime  interest — and  the  increased  importance  of 
despatch  in  every  department  of  political  and  social  intercourse 
— it  seems  impossible  that  we  can  put  too  high  an  estimate  on 
the  electro-magnetic  telegraph  discovery.  Rational  and  indi¬ 
vidual  interests,  half  a  century  since,  might  not  have  required  the 
employment  of  a  more  active  agency  than  the  horse-express,  or 
the  post-coach  ;  but  the  steam  vessel  and  the  steam  carriage  have 
brought  nations  together,  and  consolidated  states,  and  it  is  as  ex¬ 
pedient  that  continents  should  now  be  traversed  in  an  hour,  as 
fifty  years  since  the  same  distance  should  not  consume  more 
than  two  months. 

Electricity — that  wondrous  power  which  has  succumbed  to 


90 


shaffner’s  telegraph  companion. 


the  will  of  man — has  two  essential  properties,  both  of  which 
have  been  tried  for  telegraph  purposes ;  but  for  a  period  of  two 
thousand  years  the  skill  of  man  was  baffled  in  determining  the 
distinct  nature  of  these  two  properties,  and  in  what  manner  to 
bring  them  separately  or  in  combination  under  control.  Thales, 
the  philosopher,  and  founder  of  the  Ionic  sect,  discovered,  six 
hundred  years  before  the  birth  of  Christ,  that  Greek  amber, 
when  rubbed,  exhibited  certain  properties  of  attraction  which 
it  did  not  otherwise  possess.  Thales,  however,  was  too  intent 
on  mathematical  problems  and  astronomical  calculations  to  pay 
much  attention  to  what  may  have  appeared  to  him  an  insignifi¬ 
cant  phenomenon.  Besides,  it  was  an  age  grossly  lax  in  the 
pursuit  of  scientific  studies.  Science  was  taught,  but  it  was  the 
science  of  philosophy,  and  not  of  art.  It  was  an  age  when  men 
reasoned  from  dogmas  and  abstractions,  not  from  sound  theories 
and  natural  objects.  Electrical  phenomena  were  not  unknown 
to  the  scholars  that  succeeded  Thales,  either  in  Greece,  in  Asia, 
or  the  islands  of  the  Mediterranean.  But  no  schools,  then 
established,  incorporated  the  study  of  this  branch  of  philosophy 
in  their  classics,  and  no  attempt  was  made  to  inform  the  under¬ 
standing  on  a  subject  which  embraces  themes  the  vastest  and 
profoundest  of  any  explanatory  of  the  physical  creation.  Plu¬ 
tarch,  Pliny,  Caesar,  Aristotle,  Theophrastus,  and  others,  emi¬ 
nent  scholars  of  antiquity,  relate  that  they  have  seen  electrical 
phenomena  of  the  most  marvelous  and  unaccountable  character, 
but  they  have  purposely  omitted  details,  owing,  without  doubt, 
to  their  ignorance  of  the  subject;  and,  indeed,  they  do  not  seem 
to  have  taken  even  ordinary  pains  to  master  this  defect. 

It  was  not  until  near  the  close  of  the  sixteenth  century  that 
the  nature  of  electrical  phenomena  began  to  be  understood.  A 
German,  by  the  name  of  Gilbert,  published  a  work  entitled 
Tice  Magnet ,  in  which  all  the  then  known  properties  of  electri¬ 
city  are  treated  together,  with  some  observations  on  the  earth 
and  air.  Of  course,  the  wildest  conjectures  are  here  put  forth 
as  sober  axioms,  while  many  since  ascertained  truths — in  fact, 
the  primary  principles  themselves — are  unceremoniously  dis¬ 
missed.  Gilbert’s  work,  although  an  embodiment  of  errors 
and  absurdities,  had  the  good  effect  of  inducing  the  philoso¬ 
phers  of  the  age  to  think.  Institutions  of  learning  were  spring¬ 
ing  up  everywhere,  and  rare  minds,  well  stored,  were  leaving 
the  cloister  and  academy,  prepared  to  expound  and  instruct,  and 
to  contend  for  those  prizes  which  the  ancients  had  disdained  to 
touch.  Halley  was  the  most  prominent  of  these,  who  succeeded 
Gilbert ;  while  Halley  in  turn  was  soon  to  be  eclipsed  by  Otto 
Guerike,  a  Prussian,  who  constructed  an  electrical  machine 
which  consisted  of  a  sulphur  globe,  made  to  rotate  by  means  of 
a  winch ;  and  with  this  simple  apparatus,  and  a  cloth  pressed 


MUSINGS  OF  A  TELEGRAPHER. 


91 


against  the  globe,  he  discovered  the  existence  of  a  controllable 
electric  fluid,  and  that  this  electric  fluid  could  be  made  to  pass 
from  one  body  to  another  without  actual  contact.  This  was  a 
grand  and  sublime  discovery.  It  was  the  first  real  step  toward 
the  final  establishment  of  the  electromagnetic  telegraph. 


MUSINGS  OP  A  TELEGRAPHER. 

BY  GEO.  G.  W.  MORGAN. 

Oh,  man  !  how  graciously  on  thee  has  Heaven 
Bestowed  its  varied  gifts  to  make  thee  blest ; 

Each  element  of  earth  to  thee  is  given, 

The  visible  and  latent ;  amongst  the  rest, 

The  Telegraph,  e’er  willingly  to  pay 
Its  service —  [Sir,  we  aint  at  work  to-day.] 

What  hope  !  what  joy !  each  day  to  thee  is  known, 
Whilst  space,  a  captive,  bound,  is  at  thy  door, 
Brought  from  the  Frigid  or  the  Torrid  zone, 

To  yield  his  tribute  and  increase  thy  store, 

And  backward  flies  the  tyrant  to  his  zones — 

“[Is  any  answer  here  for  Mr.  Jones?]” 

Speedy  o’er  earth  and  sea,  ’mid  frost  and  cold, 

And  forests  where  the  untamed  brute  is  free — 

No  slave  of  man  has  ever  toiled  for  gold 

With  half  the  zeal  that  it  has  toiled  for  thee — 
Asking  slight  tribute  for  the  service  made — 

“[To  send  this  South,  sir,  it  must  be  prepaid.]” 

Affection,  Friendship,  Love,  a  mighty  debt 
Owe  to  this  willing,  never-failing  slave. 

“All  safe  and  well — pray,  write  me  ;  don’t  forget.” 

“  Father  is  sick — I  fear  too  sick  to  save”  — 

“Wife’s  got  a  bouncing  boy.”  All  in  a  breath. 

Well,  such  is  life,  or  rather  Life  and  Death. 

Oh,  Commerce,  thou  art  blessed ;  to  days  gone  by — 
No  power  now  can  hold  thee  in  its  chains} 
Unfettered  hence  thine  outspread  wings  may  fly, 

And  at  thine  ease  can  coolly  count  thy  gains. 
“Please  stop  my  goods,  for  Buncombe  this  day  failed.” 
Oh, dear;  oh,  dear;  these  Corn’s  must  all  be  mailed. 


92 


shaffner's  telegraph  companion. 


[Leaf  and  Fruit  of  the  Gutta  Percha  Tree.] 

Art.  IV. — GUTTA  PERCHA. 


ITS  DISCOVERY — NATURE— QUALITIES — COMPARED  WITH  INDIA  RUBBER — CHEMI- 

.  CAL  PROPERTIES. 

Gutta  Percha — the  Malayan  term  given  to  a  concrete  juice 
taken  from  the  Isonanclra  Gutta  Tree — is  indigenous  to  all  the 
Islands  of  the  Indian  Archipelago,  and  especially  to  the  Ma¬ 
layan  Peninsula,  Borneo,  Ceylon,  and  their  neighborhoods, 


GUTTA  PERCHA. 


93 


where  are  found  immense  forests  of  this  tree,  yielding  this  pro¬ 
duct  in  great  abundance.  Its  fruit  contains  a  concrete  edible  oil 
which  is  used  by  the  natives  with  their  food.  The  gutta  (or  juice) 
circulates  between  the  bark  and  the  wood  of  the  tree,  in  veins 
whose  course  is  distinctly  marked  by  black,  longitudinal  lines. 
The  natives  were  originally  in  the  habit  of  felling  the  tree  when 
they  required  a  supply,  but  have  been  taught  by  experience 
that  the  juice  can  be  obtained  by  cutting  notches  at  intervals 
in  the  trunk,  and  save  the  life  of  the  tree  for  future  tappings,  as 
our  maples  for  successive  years  yield  their  sap  to  the  sugar 
manufacturers.  The  juice  consolidates  in  a  few  minutes  after 
it  is  collected,  when  it  is  formed  by  hand  into  compact  oblong 
masses  of  from  seven  to  twelve  or  eighteen  inches  in  length  by 
four  to  six  inches  in  thickness,  and  these  when  properly  dried, 
are  what  is  known  as  the  Gutta  Percha  of  commerce. 

It  is  only  ten  years  since  the  knowledge  of  the  existence  of 
this  ductile  secretion  dawned  upon  the  world.  Dr.  Montgo¬ 
merie,  an  assistant  surgeon  at  Singapore,  observed  in  the  pos¬ 
session  of  a  native,  the  handle  of  a  wood-chopper  of  such  singu¬ 
lar  material  that  it  awakened  his  attention,  and  on  inquiry 
and  examination  he  found  it  to  have  been  made  of  the  juice  of 
this  strange  tree, — becoming  plastic  when  dipped  in  hot  water, 
and  when  cold  regaining  its  original  stiffness  and  rigidity. 
Within  this  brief  period,  the  exudations  of  these  dense  forests 
have  assumed,  more  especially  in  England,  innumerable  forms. 
It  is  singular  indeed,  that  there  should  circulate  in  the  veins  of 
the  primeval  forests  of  Malacca  and  the  neighboring  Isles,  a 
sap  or  juice  so  long  a  stranger  to  the  civilized  world,  possessing 
such  extraordinary  virtues,  and  in  the  short  period  of  ten  years 
entering  so  largely  and  variously  into  the  service  of  man,  and 
destined  to  become  his  servant  in  a  greater  variety  of  forms 
than  any  other  material  yet  discovered. 

The  Gutta  Percha  of  commerce  is  of  a  light  brown  color,  ex¬ 
hibiting  a  fibrous  appearance,  much  like  the  inner  coating  of 
white  oak  bark,  and  is  without  elasticity.  When  purified  of  its 
woody  and  earthy  substance,  it  becomes  hard,  like  horn,  and  is 
extremely  tenacious ;  indeed  its  tenacity  is  wonderful.  Mr. 
Burstall,  of  Birmingham,  refering  to  some  experiments  testing 
the  strength  of  tubes  composed  of  this  material,  says: — “The 
tubes  were  3-4-inch  bore,  the  material  1-8  thick.  They  were 
tested  by  the  Water  Company’s  proving  pump,  with  its  regular 
load  of  250  pounds  to  the  square  inch  ;  afterwards  we  added 
weight  up  to  337  pounds,  and  I  wished  to  have  gone  to  500, 
but  the  lever  of  the  valve  would  bear  no  more  weight ;  we 
were  unable  to  burst  the  pipe.”  Another  gentleman,  Mr. 
Andrew  Bobertson,  of  Stirling,  says  : — u  I  am  of  opinion  that 
no  other  material  is  so  well  fitted  for  the  above  purpose  (ex- 


94 


ssaffner’s  telegraph  companion. 


tinguishing  fires  and  watering  the  streets  in  dry  weather,)  as 
Gutta  Percha;  for,  although  our  pressure  is  perhaps  the  great- 
in  the  Kingdom,  being  upwards  of  450  feet,  not  the  slightest 
effect  could  be  discovered  on  the  tube  or  joints,  while  the  same 
pressure  on  our  leather  hose  sends  the  rivets  in  all  directions.” 

The  application  of  heat  to  this  crude  material  makes  it  soft 
and  plastic,  and  in  a  temperature  of  about  200  degrees  it  be¬ 
comes  quite  ductile,  when  it  is  capable  of  being  molded  into 
any  desired  shape,  which  it  will  retain  when  cool.  It  can  be 
dissolved  by  Sulphuret  of  Carbon,  or  Chloroform,  or  if  im¬ 
mersed  for  a  time  in  spirits  of  turpentine.  It  is  repellant  of 
and  completely  unaffected  by  cold  water,  but  is  softened  and 
made  adhesive  by  warm  water.  It  is  a  non  conductor  of  heat 
and  electricity  ;  is  proof  against  alkalies  and  acids,  being  only 
affected  by  the  sulphuric  or  nitric  in  a  highly  concentrated 
state ;  while  the  most  powerful  acetic,  hydroflouric  or  muriatic 
acids,  or  chlorine  have  no  perceptible  effect  upon  its  structure 
or  capabilities.  This  gum  has  qualities  entirely  differing  from 
the  India  Rubber.  It  cannot  be  worn  out.  It  can  be  melted 
and  remelted,  and  repeatedly  remolded,  without  changing  its 
properties  for  manufacture  or  losing  its  virtue.  It  is  lighter 
than  rubber,  of  finer  grain,  and  possesses  certain  repellant  pro¬ 
perties  unknown  to  that  material ;  and  is  extremely  tough.  It 
disregards  frost,  and  displays  remarkable  acoustic  qualities. 

In  its  crude  state,  Gutta  Percha  has  no  resemblance  what¬ 
ever  to  India  Rubber  in  appearance,  nor  are  its  chemical  or 
mechanical  properties  the  same,  nor  does  the  tree  from  which 
it  is  taken  belong  to  the  same  botanical  family,  or  grow  in  the 
same  latitudes  or  soil ;  yet,  from  the  fact  that  it  could  be  dis¬ 
solved  and  wrought  into  water-proof  wares,  many  have  inclined 
to  the  belief  that  the  two  materials  are  identically  or  nearly 
the  same. 

Gutta  Percha  when  immersed  in  boiling  water,  contracts  in 
bulk. 

India  Rubber  when  immersed  in  boiling  water,  expands,  and 
increases  in  bulk. 

Gutta  Percha  juice  is  of  a  dark  brown  color,  and  consolidates 
in  a  few  moments  after  exuding  from  the  tree,  when  it  becomes 
about  as  hard  as  wood. 

India  Rubber  sap  is  perfectly  white,  and  of  about  the  consist¬ 
ency  of  thick  cream,  when  it  coagulates,  it  gives  from  four  to 
six  parts  water  out  of  ten ;  it  may  be  kept  like  milk,  and  is  fre¬ 
quently  drank  by  the  natives. 

Gutta  Percha  first  treated  with  water,  alcohol,  and  ether, 
and  then  dissolved  with  spirits  of  turpentine  and  precipitated, 
yields  a  substance  consistent  with  the  common  properties  of* 
Gutta  Percha. 


GUTTA  PERCHA. 


95 


India  Rubber  similarly  treated,  results  in  a  substance  resem¬ 
bling  in  appearance  the  Gum  Arabic. 

Gutta  Percha  by  distillation  yields  57  2-3  per  cent  of  volatile 
matter. 

India  Rubber  by  the  same  process  yields  85  3-4  per  cent. 

M Gutta  Percha  in  its  crude  state,  or  in  combination  with  other 
materials,  may  be  heated  and  reheated  to  the  consistency  of 
thin  paste,  without  injury  to  its  future  manufacture. 

India  Rubber  if  but  once  treated  in  the  same  manner  will  be 
destroyed  and  unfit  for  future  use. 

Gutta  Percha  is  not  decomposed  by  fatty  substances  ;  one 
application  of  it  is  for  oil  vessels. 

India  Rubber  is  soon  decomposed  by  coming  in  contact  with 
fatty  substances. 

Gutta  Percha  is  a  non-conductor  of  cold,  heat  and  elec¬ 
tricity,  and,  in  its  natural  state,  is  non  elastic,  and, with  little 

or  no  flexibilitv. 

«/ 

India  Rubber  is  a  conductor  of  heat,  cold,  and  electricity, 
highly  elastic  and  flexible. 

The  specific  gravity  of  Gatta  Percha  is  much  less  than  that 
of  India  Rubber, — in  proportion  as  100  of  Gutta  Percha  is  to 
150  of  India  Rubber. 

Chemists,  who  have  analyzed  them,  vary  a  little  as  to  their 
chemical  proportions,  but  all  agree,  that  the  chemical  proper¬ 
ties  and  mechanical  action  of  Gutta  Percha  and  India  Rubber 
are  so  entirely  distinct  and  dissimilar,  that  they  should  never 
be  classed  under  the  same  head,  chemically  or  mechanically 
any  more  than  commercially. 

M.  Arppe,  a  celebrated  German  Chemist,  says  Gutta 
Percha  differs  in  composition  from  Caoutchouc,  and  that  the 
products  of  dry  distillation  of  Gutta  Percha  are  different 
from  those  of  Caoutchouc.  lie  considers  Gutta  Percha  to  be 
a  mixture  of  six  resins,  which  have  been  formed  from  a  Carb- 
Hydrogen. 


96 


siiaffner’s  telegraph  companion. 


Art.  V. — ANCIENT  AND  MODERN  HERALDRY. 


NUMBER  ONE. 


EARLY  HISTORY — ARMORIALS — GREAT  SEAL  OF  MAINE,  NEW  JERSEY,  VIRGINIA, 
SOUTH  CAROLINA,  KENTUCKY,  MISSOURI,  UNITED  STATES — TELEGRAPH 
CONFEDERATION- — KNIGHTS  OF  THE  ROUND  TABLE — HOS¬ 
PITALERS — TEMPLARS — ST.  ANDREW’S  CROSS — =ST. 

GEORGE'S  CROSS — ORDER  OF  GOLDEN  FLEECE. 

Many  of  the  Electric  Telegraph  lines  of  America  have  adopted 
peculiar  heraldric  seals,  dies  or  stamps,  representing  their  indi¬ 
viduality,  upon  their  official  envelopes  or  message-heads.  With 
a  view  to  be  in  unison  with  the  majority  of  the  lines  in  this 
matter,  we  have  gotten  up  a  seal  for  the  general  Confederation, 
and  we  propose  to  give  an  account  of  the  origin  of  its  heraldric 
symbols,  with  their  meanings. 

We  had  another  object  in  view  in  having  engraved  the  seal 
above  mentioned,  viz. :  Many  lines  were  unwilling  to  believe 
that  arrangements  of  the  Secretary  could  effect  or  procure  en¬ 
velopes  as  well  embossed  as  the  respective  companies  could 
themselves.  The  seals  of  the  Confederation  excel  an}Tthing 
of  the  kind  ever  gotten  up  before,  and  the  impressions,  em¬ 
bossed,  will  doubtless  convince  the  lines,  that  the  Secretary  can 
not  only  equal  pre-existing  arrangements  of  companies  in  this 
particular,  but  excel  them.  It  will  be  perceived,  that  the  most 
splendid  dies  can  be  made  through  the  arrangements  of  the  Secre¬ 
tary,  and  the  most  antique  and  scientific  armorials,  known  in  the 
science  of  Heraldry,  properly  grouped  and  delineated  on  the  dies. 
We  now  proceed  to  discuss  the  subject  of  Heraldry  generally. 

We  learn  from  the  science  of  law,  that  it  has  been  a  cus¬ 
tom  from  the  earliest  ages  of  the  world,  for  the  people  to 
have  and  enjoy  various  devices,  signs,  and  marks  of  honor,  de¬ 
signed  to  distinguish  the  great  and  noble  from  the  common  or 
ignoble.  In  Homer,  Virgil,  Ovid  and  other  ancient  authors, 
we  find  notices  of  these  customs,  and  that  heroes  on  the  battle¬ 
field  had  figures  of  different  kinds,  but,  of  their  own  device,  re¬ 
presented  on  their  shields,  whereby  they  might  be  distinguished 
one  from  the  other,  as  well  as  from  those  of  a  lower  order  of 
warriors.  This  custom  was  the  origin  of  using  the  shield  and 
device  thereon  in  armorial  life,  and  even  at  this  day  they  are 
prominent  features  in  heraldric  science.  From  the  earliest  ages 
to  the  present  time  nations  have  adopted  symbolical  signs  as 
marks  of  distinction,  indicating  the  nation  by  a  flag,  on  which 
was  illustrated  their  peculiar  symbolic  representation.  The  flag 


ANCIENT  AND  MODERN  HERALDRY. 


97 


of  the  Athenians  had  on  it  the  figure  of  an  owl,  the  Goths  a 
bear,  the  Egyptians  an  ox,  the  Romans  an  eagle,  the  Franks  a 
lion,  and  the  Saxons  a  horse.  In  modern  times  wTe  see  the  cus¬ 
tom  adhered  to  with  equal  desire  among  nations  :  —  thus  on 
Great  Britain’s  flag  is  represented  St.  George’s  and  St.  Andrew’s 
cross ;  Mexico,  the  eagle,  the  serpent  and  the  cactus  ;  and  the 
United  States,  the  eagle,  stripes  and  stars.  These  symbols  are 
peculiarities  of  the  respective  nations,  and  the  recollection,  or 
sight  of  them,  in  the  hour  of  peace  or  war,  infuses  into  the 
people  a  pride  and  glory  for  the  brilliant  renown  which  may 
character];  e  their  own  dear  flag. 

Symbolic  representation  has  not  been  confined  to  the  earliest 
and  modern  ages  of  the  civilized  world,  but  we  also  find  it 
amonff  the  customs  of  the  North  American  Indians.  We  have 

o 

seen  the  otter  as  the  emblem  of  the  Ottaway  tribes  of  Indians, 
the  wolf,  the  bear,  the  turtle,  and  other  devices  the  adopted 
emblems  of  the  Iroquois  and  other  tribes.  They  paint  them  on 
their  bodies,  and  represent  them  as  a  species  of  idols. 

An  author  supposes,  that  in  Europe  the  Crusades  and  tourna¬ 
ments  were  the  cause  of  methodizing  and  perfecting  into  a 
science  the  various  national,  family  and  individual  emblems,  to 
which  was  given  the  name  of  Heraldry  /  a  term  which  em¬ 
braced  originally  not  only  all  that  j^ertains  to  Coats  of  Arms , 
but  also  to  the  marshalling  of  armies,  solemn  processions,  and 
all  ceremonies  of  a  public  nature.  Is  is  also  supposed,  that  the 
term,  coats  of  arms ,  originated  from  the  circumstance  that  the 
ancients  embroidered  various  colored  devices  on  the  coats  they 
wore  over  their  armor.  Also,  those  who  joined  the  Crusades, 
and  those  who  enlisted  in  the  tournaments,  had  their  devices 
depicted  on  their  arms  or  armor,  as  on  their  shields,  banners, 
etc. ;  and  as  colors  could  not  be  retained,  particular  marks  were 
used  to  represent  them. 

All  coats  of  arms,  formed  according  to  the  rules  of  heraldry, 
are  delineated  on  shields  or  escutcheons,  which  are  of  various 
forms — oval,  triangular,  heptagonal,  etc.  The  parts  composing 
the  escutcheon,  or  represented  on  it,  are  tinctures,  lines,  borders, 
charges,  etc. 

By  tinctures,  we  mean  the  various  colors  used,  the  names  and 
marks  of  which  are  as  follows,  viz. :  Or  means  gold  or  yellow, 
and  is  represented  by  dots  or  points.  Argent  means  silver  or 
white,  is  plain.  Azure ,  or  blue,  is  represented  by  horizontal 
lines.  Gules ,  or  red,  by  perpendicular  lines.  Vert ,  or  green, 
by  diagonal  lines  from  upper  right  corner  to  the  lower  left,  or  to 
the  lower  right  as  you  face  the  shield.  Purpure ,  or  purple, 
from  upper  left  to  lower  right,  being  reversed  from  map  rule  as 
to  right  and  left.  Sable ,  or  black,  by  horizontal  and  perpendi¬ 
cular  lines  crossing  each  other. 


98 


shaffner’s  telegraph  companion. 

Charges  are  whatever  may  be  represented  on  the  field  of  the 
escutcheon  ;  the*  principal  of  which,  in  addition  to  natural  and 
celestial  figures,  are  the  Chief,  the  Pale,  the  Bend,  the  Fess, 
the  Bar,  the  Cheveron,  the  Cross,  and  the  Saltier;  each  of  which, 
although  occupying  its  appropriate  space  and  position  in  the 
escutcheon,  and  governed  by  definite  rules,  admits  of  a  great 
variety  of  representations. 

The  external  ornaments  of  the  escutcheon  are  crowns,  coronets, 
miters,  helmets,  mantlings,  caps,  wreaths,  crests,  scrolls,  and 
supporters.  Some  escutcheons  have  none  of  these  ornaments, 
and  others  nearly  all  of  them.  The  supporters  are  placed  on 
the  side  of  the  escutcheon  standing  on  a  scroll,  and  are  thus 
named,  because  they  appear  to  support  or  hold  up  the  shield. 
The  great  seal  of  the  State  of  Maine  has  a  shield,  supported  on 
the  right  by  a  husbandman  resting  on  a  scythe,  representing 
agriculture,  and  on  the  other  is  a  seaman  resting  on  an  anchor, 
the  symbol  of  commerce  and  the  fisheries.  The  great  seal  of 
the  State  of  Mew-Jersey  has  a  shield  supported  by  the  goddess 
of  Liberty  on  the  right  with  a  wand  and  a  cap,  those  being 
symbols  of  independence,  because  among  the  ancients  the  rod 
was  used  by  the  magistrates  in  the  ceremony  of  manumitting 
slaves,  and  the  cap  was  worn  by  the  slaves  who  were  soon  to 
be  set  at  liberty,  and  hence  they  have  been  handed  down  from 
time  immemorial  as  symbolical  of  liberty  and  independence, — 
they  are  fit  emblems  of  the  United  States !  Many  of  the  seals 
of  the  States  are  designed  to  represent  some  peculiar  era  in  its 
history,  regardless  of  heraldric  science  :  thus,  Virginia,  after  the 
struggles  of  1776,  adopted  a  seal  fitly  representing  the  feeling 
pervading  the  hearts  of  her  great  and  chivalrous  people.  On 
one  side  of  the  seal  the  goddess  of  Virtue,  —  the  genius  of 
the  Commonwealth  — is  represented  dressed  like  an  Amazon, 
resting  on  a  spear  with  one  hand,  and  holding  a  sword  in  the 
other,  and  treading  on  Tyranny,  which  is  represented  by  a  man 
prostrate,  a  crown  fallen  from  his  head,  a  broken  chain  in  his 
left  hand,  and  a  scourge  in  his  right.  Above  the  goddess  is  the 
name  of  the  State,  and  underneath  the  words,  Sic  semper  tyran- 
nis — “thus  we  serve  tyrants.”  While  this  side  of  the  seal  re¬ 
presents  exultation  over  the  surrender  of  Yorktowu  and  the 
triumph  of  the  American  arms,  the  other  side  contemplates 
some  reflection  as  to  future  glory  and  happiness.  In  the  centre 
is  the  goddess  of  Liberty,  with  her  wand  and  cap ;  on  the  right 
hand  is  Ceres,  with  the  cornucopia  in  one  hand  and  an  ear  of 
wheat  in  the  other,  and  on  her  left  side  is  Eternity,  holding  in 
one  hand  the  globe,  on  which  rests  the  Phoenix,  the  fabulous 
bird  of  the  ancients,  that  is  said  to  rise  again  from  its  own 
ashes. 

The  great  seal  of  South  Carolina  is  another  symbolic  repre- 


ANCIENT  AND  MODERN  HERALDRY. 


99 


sentation  of  the  feelings  of  the  people.  The  device  is  a  date- 
tree,  or  the  great  palm,  emblematical  of  the  State,  which  is  sup¬ 
ported  bj  two  cross-pieces,  to  which  is  attached  at  the  junction 
or  cross  a  scroll  or  label.  •  Branches  of  the  palm  were  worn  by 
the  ancients  in  token  of  victory,  and  hence  the  emblem  signifies 
superiority ,  victory ,  and  triumph.  On  the  border  of  the  seal 
is  the  name  of  the  State  and  its  motto  : — Animis  opibusque po- 
rati , — u  Beady  (to  defend)  with  our  lives  and  property.” 

The  great  seal  of  the  State  of  Kentucky  was  adopted  shortly 
after  the  confederation  of  the  thirteen  original  States,  and  her 
people,  filled  with  the  good  feeling  of  union  and  universal  good¬ 
will  and  peace  with  all  mankind,  adopted  a  very  plain  symbol, 
which  has  ever  proved  characteristic  of  the  noble  and  generous- 
hearted  Kentuckian.  It  is  formed  of  two  men,  as  friends  em¬ 
bracing,  with  a  motto  in  plain  English:  “United  we  stand, 
divided  we  fall.”  Such  were  the  sentiments  entertained  by  the 
sires  of  that  great  State, — renowned  for  having  the  names  of  the 
greatest  men  of  the  world  recorded  with  golden  capitals  upon 
her  bright  and  glittering  escutcheon. 

The  great  seal  of  the  State  of  Missouri,  being  of  more  modern 
origin  than  those  heretofore  mentioned,  is  somewhat  classical  in 
its  arrangement.  It  is  composed  of  “  Arms  parted  per  pale ; 
on  the  dexter  side,  gules,  the  white  or  grizzly  bear  of  Missouri, 
passant,  guardant,  proper  ;  on  a  chief  engrailed,  azure,  a  cres¬ 
cent,  argent;  on  the  sinister  side,  argent,  the  arms  of  the  Uni¬ 
ted  States; — the  whole  within  a  band  inscribed  ‘United  we 
stand,  divided  we  fall.’  ”  For  the  crest,  over  a  helmet  full 
faced,  grated  with  six  bars,  or  a  cloud  proper,  from  which  as¬ 
cends  a  star,*  argent,  and  above  it  a  constellation  of  twenty-three 
smaller  stars,  argent,  on  an  azure  field,  surrounded  by  a  cloud 
proper.  Supporters  on  each  side,  a  white  or  grizzly  bear  of 
Missouri,  rampant,  guardant,  proper,  standing  on  a  scroll  in¬ 
scribed  with  the  motto,  Salus  populi ,  supremo  lex  esto  /  and 
under  the  scroll  inscribed  MDCCCXX.,  the  whole  surrounded 
by  a  scroll  inscribed  with  the  words,  u  The  great  seal  of  the 
State  of  Missouri.”  The  following  is  the  recognized  explana¬ 
tion  to  the  above  :  The  arms  of  Missouri  are  represented  on  a 
circular  escutcheon,  divided  by  a  perpendicular  line  into  two 
equal  portions.  On  the  right  side,  on  a  red  field,  is  the  white 
or  grizzly  bear  of  Missouri,  in  its  natural  color,  walking  guard* 
edly.  Above  this  device,  and  separated  from  it  by  an  en¬ 
grailed  line  (indented  and  waved),  is  an  azure  field,  on  which 
is  represented  a  white  or  silver  crescent.  On  the  left  side  of  the 
escutcheon,  on  a  white  field,  are  the  arms  of  the  United  States. 
Around  the  border  of  the  escutcheon  are  the  words,  “  United 
we  stand,  divided  we  fall.”  For  the  crest,  over  a  yellow  or 
golden  helmet,  full  faced,  and  grated  with  six  bars,  is  a  cloud 

l 


i 


100 


shaffner’s  telegraph  companion. 


in  its  natural  color,  from  wliicli  ascends  a  silvery  star, — repre¬ 
senting  the  Stafe  of  Missouri — and  above  it  a  constellation  of 
twenty-three  smaller  stars,  on  a  blue  field  surrounded  by  a 
cloud.  The  twenty-three  stars  represent  the  number  of  States 
in  the  Union  at  the  time  of  the  admission  of  Missouri.  For 
u  supporters”  on  each  side  of  the  escutcheon  is  a  grizzly  bear  in 
the  posture  of  attack,  standing  on  a  scroll  inscribed  with  the 
motto,  Solus  populi ,  supremo  lex  esto , — “  The  public  safety  is 
the  supreme  law.”  Under  the  scroll  is  the  date  of  the  admis¬ 
sion  into  the  Union,  etc. 

We  have  now  devoted  more  space  to  the  seals  of  States  than 
at  first  contemplated,  but  we  have  done  so  with  the  view  of 
showing  the  fact  of  heraldric  science  being  blended  in  the  coats 
of  arms  of  the  States  of  the  Union.  Having  thus  noticed  a  few 
of  the  armorials  of  the  States,  we  will  now  notice,  briefly,  the 
grand  national  seal  of  the  United  States,  which  was  adopted 
June  20th,  1782,  by  Congress. 

“Arms:  Paleways  of  thirteen  pieces,  argent  and  gules;  a 
chief  azure  ;  the  escutcheon  on  the  breast  of  the  American  eagle 
displayed,  proper,  holding  in  his  dexter  talon  an  olive  branch, 
and  in  his  sinister  a  bundle  of  thirteen  arrows,  all  proper,  and 
in  his  beak  a  scroll  inscribed  with  this  motto,  E pluribus  unum. 
For  the  Crest:  Over  the  head  of  the  eagle,  which  appears 
above  the  escutcheon,  a  glory,  or  breaking  through  a  cloud, 
proper,  and  surrounding  thirteen  stars  forming  a  constellation, 
argent,  on  an  azure  field.” 

The  paleways  of  thirteen  pieces  is  symbolic  of  the  original 
thirteen  United  States  that  formed  the  general  confederation  of 
the  American  Union.  The  thirteen  stars  and  arrows  are  repre¬ 
sentatives  of  the  same  fact.  The  stars  are  on  an  azure  field,  and 
hence  the  blue  field  on  the  flag  of  the  United  States.  The 
stripes  of  the  flag  represent  the  paleways  of  the  escutcheon,  be¬ 
ing  gules  or  red,  and  argent  or  silver  colors.  Thus  the  flag  is 
composed.  Its  heraldry  is  simple  and  beautiful,  full  of  lan¬ 
guage,  and  expressive  of  great  events.  The  remembrance  of 
the  revolutionary  times,  when  the  fathers  of  the  American  con¬ 
federacy  fought  bravely  for  the  supremacy  of  the  will  of  the 
people,  infuses  into  the  soul  new  life  and  affection  for  the  De¬ 
claration  or  Magna  Charta  of  Freemen’s  Fights. 

The  grand  seal  of  the  American  Telegraph  Confederation  is 
composed  of  the  most  ancient  heraldic  devices,  beautifully 
illustrating  patriotism,  renown  and  virtue.  He  who  follows 
through  life  the  index  of  their  morals,  will  be  recognized  by  the 
world  as  the  noblest  work  of  God — an  honest  man. 

The  grand  seal  we  describe  thus  :  the  escutcheon,  ornamental 
border,  quartered;  the  first  and  fourth,  the  arms  of  the  United 
States  ;  the  second,  armorial  of  Mexico  ;  the  third,  armorial  of 


ANCIENT  AND  MODERN  HERALDRY. 


101 


Great  Britain,  having  reference  more  particularly  to  the  provin¬ 
ces  of  the  Canadas,  New-Brunswick,  Nova  Scotia,  and  Prince 
Edward’s  Island.  The  crest,  an  American  eagle,  erect  with  out 
stretched  wings,  standing  upon  a  silken  wreath,  azure,  gules 
and  argent.  In  eagle’s  beak  a  scroll,  on  which  is  inscribed 
“A  pluribus  unum .”  In  rear  of  eagle,  cloud  proper,  from 
which  issue  the  orders  of  cuspidated  lightning ;  in  rear  of 
escutcheon,  the  staffs  of  two  United  States  flags  cross  at  cen¬ 
tre,  and  the  colors  unfurling — top  the  staffs,  spears  and  three 
tassels.  The  whole  being  surmounted  with  a  garter,  on  which 
is  inscribed,  American  Telegraph  Confederation.  In  the 
arrangement  of  this  splendid  composition  of  science  and  art, 
we  have  enjoyed  the  gratification  of  having  the  aid  of  Prof.  II. 
Hays,  formerly  of  one  of  the  principal  Heraldic  Colleges 
of  England,  who  is  now  extensively  engaged  in  his  profes¬ 
sion  at  341  Broadway,  New-York.  Prof.  Ilays  has,  in  the 
execution  of  this  engraving — and  also  many  others  which  he  has 
engraved  for  lines  of  Telegraph — excelled  in  talents  and  genius 
anything  of  the  kind  we  have  ever  before  had  the  pleasure  of 
seeing.  As  a  scholar  in  Heraldry  he  is  eminently  worthy  of  the 
highest  mark  of  distinction.  We  thus  speak  frankly  and  vol¬ 
untarily  our  indebtedness  for  the  valuable  and  novel  informa¬ 
tion  he  has  so  kindly  imparted  to  us  relative  to  this  beautiful 
and  antique  science  and  art. 

Having  given  a  description  of  the  seal  according  to  heraldic 
rule,  we  shall  proceed  to  give  the  origin  and  history  of  the  sev¬ 
eral  devices,  grouped  in  its  formation.  We  will  then  give  their 
explanation ‘as  compounded  and  their  application  to  the  tele¬ 
graph  enterprise,  and  argue,  that  by  a  just  fulfilment  of  their 
teachings,  the  system  of  telegraphing  would  be  that  which  we 
all  deem  essential  for  success  and  universal  satisfaction. 

Nations,  societies,  and  enterprises  have,  from  time  immemo¬ 
rial,  adopted  devices  as  mottoes  to  infuse  into  their  followers 
zeal  and  love  for  the  cause  espoused.  To  see  an  army  of  men, 
battling  with  another,  each  with  the  most  restless  determin¬ 
ation,  one  army  following  a  flag  with  a  cross  and  the  other 
army  a  crescent,  we  would  readily  know  they  were  under  dif¬ 
ferent  religions, — the  former  Christians  and  the  latter  Moham¬ 
medans.  The  sight  of  a  nation’s  flag  rearing  from  the  battle¬ 
ments  of  a  defeated  foe,  is  one  of  the  most  powerful  incentives 
in  war.  Where  can  there  be  found  a  soul  living  within  the 
pale  of  the  American  Union,  whose  heart  is  not  filled  with 
pride,  chivalry  and  enthusiasm,  on  hearing  the  touching  lines 
written  by  a  bard  of  Maryland  during  the  late  war,  when  the 
enemy  was  not  far  distant  from  the  commercial  metropolis  of 
his  native  State — his  native ‘land?  The  poet  spoke  those  lines 


102 


shaffner’s  telegraph  companion. 


on  the  Star-Spangled  Banner,  as  though  his  soul  was  enveloped 
in  a  sea  of  glory. 

So  it  is  with  other  nations.  The  poets  seem  to  be  inspired, 
and  the  same  inspiration  spreads  from  heart  to  heart,  until  all 
feel  brimful  of  joy  in  the  achievements  of  their  arms.,,  Not 
only  nations  adopt  devices  around  which  the  people  rally,  but 
also  religious  sects,  societies,  &c.,  have  symbols  peculiar  to  the 
principles  which  give  them  birth  and  existence. 

Without  further  comment  as  to  the  practice  or  custom  of  the 
past  and  present  ages,  uniting  in  the  use  of  the  science  of  her¬ 
aldry,  vie  shall  proceed  to  give  an  account  of  the  different 
orders  of  honor,  preparatory  to  the  history  of  the  Garter,  which 
surrounds  the  escutcheon  of  the  grand  seal  of  the  American 
Telegraph  Confederation.  In  giving  the  history  and  legitimate 
meaning  of  the  Garter,  we  shall  also  include  the  crosses  of 
St.  George  and  St.  Andrew,  the  symbolic  flag  of  the  Canadas, 
New-B  runs  wick,  Nova  Scotia,  or  British  Provinces.  In  consid¬ 
ering  these  subjects,  we  shall  transfer  in  many  instances  the 
language  of  authorities  which  we  have  extensively  consulted, 
in  studying  the  complicated  subject. 

The  grounds  and  causes  of  founding  societies  and  knightly 
orders  were  several  and  different,  though  all  terminated  in  one 
end.  Among  the  principal  objects  creating  these  orders  were, 
a  desire  or  love  of  honor ,  and  therein  chiefly  to  excite  and 
promote  virtue  by  suitable  rewards.  Such  was  the  design 
of  King  Arthur,  when  he  formed  himself  and  other  mar¬ 
tial  men  into  a  fellowship,  which  he  styled  u  Knights  of  the 
Bound  Table.”  Another  cause  of  the  origination  of  the  orders 
was  to  redress  the  incursions  and  robberies  of  the  Saracens 
and  barbarians,  to  vindicate  the  oppressed,  redeem  the  enslaved, 
and  to  entertain  and  relieve  pilgrims  and  strangers,  which  were 
a  part  of  the  duties  of  the  Knights-TIospitallers  and  Templars. 
Another  reason  for  their  establishment  was  to  fight  in  defence 
of  the  Christian  faith,  against  pagans  and  infidels.  Lastly, 
when  sovereign  princes  perceived  themselves  embroiled  in 
wars  or  dangerous  factions,  the  erection  of  orders  tended  to 
create  a  tie,  restore  peace,  quiet  all  jealousies,  unite  affections, 
and  secure  a  lasting  friendship  and  powerful  assistance,  both 
for  their  own  and  their  country’s  safety.  To  this  end  badges  of 
several  orders  were  devised  and  worn. 

With  a  view  to  illustrate  the  further  origin  of  the  orders,  a 
few  of  these  will  be  noticed. 

Knights-Templars. — About  the  year  HIT  this  order  origina¬ 
ted.  Baldwin  II.  then  reigning  in  Jerusalem,  nine  gentlemen, 
of  whom  two  were  of  noble  extraction,  Hugh  de  Paganes  and 
Godfrey  de  St.  Osmer ,  came  in  devotion  to  the  Holy  Land. 
They  were  called  Brothers  of  the  Militia  of  the  Temple,  ordina- 


ANCIENT  AND  MODERN  HERALDRY. 


103 


rily  Knights-Templars,  from  the  habitation  assigned  them  out 
of  a  part  of  the  king’s  own  palace,  adjoining  the  temple  of 
Solomon  of  Jerusalem.  Their  first  undertaking  was  to  guard 
the  most  dangerous  ways  about  that  city  against  the  violence 
and  robberies  of  the  Saracens,  which  made  them  acceptable 
to  all,  and  for  which  they  had  remission  of  their  sins  ;  but  for 
the  first  nine  years  they  were  yet  so  poor,  that  they  lived  upon 
the  alms  of  others,  and  wore  clothes  bestowed  in  charity  upon 
them.  In  memory  of  their  primitive  poverty,  their  seal  had  the 
impress  in  Math.  Pans.  A.  D.  1127.  They  had  rules  assigned 
them,  drawn  up  by  St.  Bernard,  Abbot  of  Clairvaux,  by  the 
appointment  of  Pope  Honorius  II.,  and  Stephen,  Patriarch  of 
Jerusalem.  They  made  their  vows  of  obedience,  poverty  and 
charity.  Their  garb  was  white,  to  which  in  the  time  of  Euge- 
nius  III.  they  added  the  red  cross,  and  of  the  same  form  as 
worn  by  the  Hospitallers.  For  a  longtime,  in  conjunction  with 
the  Holy  Sepulchre  Hospitallers,  they  defended  and  supported 
the  kingdom  of  Jerusalem,  but  when  their  riches  increased  and 
their  revenues  augmented,  they  grew  proud,  fell  from  the 
obedience  of  the  Patriarch  to  join  with  the  Pope,  and  at  last, 
1370,  all  the  Knights  of  this  order  in  France  were  in  one  hour 
seized  and  imprisoned  by  Philip  le  Bel ,  king  of  France,  with 
consent  of  Pope  Clement  V.,  being  charged  with  the  most  infa¬ 
mous  and  damnable  crimes.  In  England,  Anno  1.  Ed.  2,  they 
were  also  apprehended  afterwards,  rendered  convicts,  and  all 
their  possessions  seized  into  the  king’s  hands.  Two  years  after, 
many  of  these  knights  were  burned  in  France,  and  Jaques  de 
la  Maule ,  the  last  Grand  Master,  suffered  the  fate  of  being 
burnt  at  the  stake  in  the  year  1320.  This  Grand  Master  having 
seen  his  noble  order  dissolved  forever,  as  he  thought,  he  cared 
but  little  how  soon  his  end  might  come.  Their  lands  were 
annexed  to  the  Hospitallers. 

Thus  fell  for  a  time  the  noble  order  of  Knights-Templars,  no 
less  famous  for  martial  achievements  and  renown  in  the  Fast, 
than  their  wealth  in  the  West.  They  held  16,000  lordships  in 
Europe,  and  their  revenue  was  two  millions  of  francs  yearly. 
There  can  be  no  doubt  but  what  their  end  was  the  result  of  am¬ 
bition  in  the  bosom  of  Philip,  king  of  France,  and  no  histo¬ 
rian  attempts  to  screen  that  king  from  accomplishing  the  wicked 
act  by  suborning  witnesses  to  sustain  the  points  of  his  restless 
and  ill-designed  ambition.  The  order  remained  dormant  for  a 
long  time,  but  there  were  a  few  wdio  escaped  from  the  fatal  axe, 
and  in  a  few  years  they  formed  associations,  continuing  in  this 
private  manner  to  retain  their  existence  for  many  years  ;  they 
ultimately  became  blended  with  the  ancient  and  honorable  fra¬ 
ternity  of  Free  Masons,  and  to  this  day  hold  with  singular  affec¬ 
tion  to  the  ancient  rites  practised  hundreds  of  years  ago. 


104 


shaffner’s  telegraph  companion. 


€  Hiand. 


The  Companion. — The  first  number  of  the  Companion,  New  Series,  has 
been  sent  forth  to  the  patrons  of  the  work,  and  thus  far  has  met  universal 
approval.  We  feel  gratified  at  this  result,  as  we  are  fully  aware  of  the  diffi¬ 
culties  attending  a  publication  of  this  character.  We  cannot  commend  all, 
nor  can  we  do  justice  to  many  questions  of  decided  merit.  Many  subscribers 
did  not  receive  their  number  timely,  owing  to  the  loss  of  nearly  the  entire 
publication  by  fire,  just  as  it  was  ready  for  the  mail.  It  has  been  reprinted, 
and  we  hope  for  better  luck  in  future.  We  need  all  the  patronage  of  the 
enterprise,  and  we  hope  that  these  losses  will  induce  those  who  wish  to  sub¬ 
scribe,  to  do  so  at  once.  Every  operator,  president,  superintendent,  director, 
and  agent  of  a  Telegraph  Company  ought  to  be  a  bona  fide  subscriber  to  the 
Companion,  and  besides,  render  all  the  aid  in  their  power  to  make  the  work 
useful  to  the  rising  generation  of  telegraphers. 

Scientific  American  on  Patents. — Our  remarks  in  the  January  number 
of  the  Companion,  relative  to  the  hostility  of  this  publication  to  the  Morse 
Patents,  seemed  to  have  fired  up  its  editor  with  horrible  indignation,  and  his 
answer  is  couched  in  language  neither  creditable  to  the  writer,  nor  respectful 
to  the  dignity  of  the  paper. 

In  the  notice  of  the  Companion,  no  disrespect  was  intended,  and  the  lan¬ 
guage  cannot  be  interpreted  to  be  otherwise  than  courteous.  We  knew  his 
article  did  do  Morse  injustice,  and  the  editor  of  a  daily  paper  in  the  City  of 
New-York,  who,  having  read  the  paper  charging  Morse  with  being  associ¬ 
ated  with  others,  to  buy  his  renewal  through  Congress,  as  insinuated  by  the 
Scientific  American ,  stated,  that  he  was  inclined  to  believe  it,  and  suggested, 
that  the  best  means  of  a  contradiction,  would  be  for  Prof.  Morse  to  con¬ 
tradict  it  through  the  press.  We  heard  a  friend  of  the  Scientific  American , 
and  an  enemy  of  Morse,  rejoicing  over  the  article  in  question,  in  a  hotel 
in  New-York,  referring  to  the  paper  for  proof  of  his  assertions.  There  were 
others  who  interpreted  the  article  as  we  did.  We  may  not  have  sufficient 
intelligence  to  comprehend  the  writings  in  the  above  paper,  but  we  are  cer¬ 
tain  of  one  fact,  that  is,  that  we  know  how  to  treat  and  respect  the  writings 
of  a  cotemporary  with  gentlemanly  manners. 

Regulations  of  Companies. — We  have  received  the  rules  and  regulations  of 
several  Telegraph  Companies,  and  for  which  we  thank  our  friends  for  placing 
such  valuable  information  into  our  hands.  We  design,  in  the  next  number, 


EDITOEIAL. 


105 


to  review  the  rules  of  the  Atlantic  and  Ohio  Telegraph  Company,  and  such 
others  as  we  may  have  room  for,  intending  to  embrace  the  regulations  of  every 
Company  in  America  ere  we  are  done.  We  think  that  it  will  tend  to  bring 
about  a  uniformity  of  system. 

Batteries. — We  have  received  several  articles  on  galvanic  batteries, 
applicable  to  the  Electro  Telegraph,  but  for  want  of  room  they  are  deferred  for 
the  next  number.  We  are  always  glad  to  hear  from  gentlemen  on  subjects 
pertaining  to  the  Telegraph. 

Size  of  this  Number. — Owing  to  the  delay  in  business  resulting  from  the 
late  fire,  and  our  own  illness,  the  present  number  contains  only  48  pages. 

New-York  and  Boston  Line. — Since  our  last  number  went  to  press,  we 
have  had  opportunities  of  witnessing  the  working  of  this  line.  It  has  been 
very  generally  repaired,  the  old  iron  insulators  removed,  and  the  brimstone 
insulators  banished  from  the  face  of  the  earth.  Think  of  it,  gentlemen  west¬ 
ward  of  the  Mountains,  of  a  line  between  two  of  the  principal  cities  of  the 
United  States,  having  brimstone  insulators  !  Can  any  one  marvel  why  this 
line  has  worked  so  badly?  The  wonderful  and  untiring  zeal  of  Mr.  Wood 
has  already  redeemed  the  line  from  that  gloomy  mantle  that  seemed  to 
inclose  in  its  folds  the  whole  line.  With  Mr.  Wood  as  Superintendent,  and 
Mr.  Smith  at  New-York,  and  Mr.  Richards  at  Boston,  the  old  pioneer  line 
from  Boston  to  New-York  can  ere  long,  if  not  now,  rival  in  splendor  the 
working  of  any  line  in  the  world.  They  are  competent  telegraphers,  and 
capable  of  mastering  any  difficulty.  Besides  these,  there  are  others  on  the 
line  whose  skill  and  ability  are  not  a  shade  behind  the  best  corps  of  opera¬ 
tors  in  the  Union 

Engravings  and  New  Register. — The  number  for  March  will  contain 
some  very  fine  engravings  of  a  new  Register,  designed  for  universal  use.  It 
will  be  one  of  the  most  complete  pieces  of  machinery  ever  presented  for  use 
on  any  line.  Companies  needing  new  Registers,  would  do  well  to  wait  until 
they  hear  fully  as  to  this  one.  The  engravings  of  the  Relay  Magnets  will  be 
in  the  next  number  also,  as  well  as  the  keys  and  such  other  parts  as  we  may 
deem  necessary.  We  are  progressing  finely  in  furnishing  supplies  for  the 
respective  lines,  and  with  a  little  effort  to  get  all  things  moving  correctly  at 
first,  we  anticipate  much  good  to  result  from  our  arrangements,  enabling 
lines  to  procure  materials  at  reduced  rates. 

National  Lines. — The  range  of  lines  known  by  the  above  title  is  com¬ 
posed  of  several  companies,  commencing  at  No.  23  Wall  St.,  New-York; 
they  run  to  Philadelphia,  Pittsburg,  Cincinnati,  Louisville,  Nashville,  Vicks¬ 
burg,  Natchez,  to  New-Orleans.  This  is  termed  the  Southern  and  Eastern 
connection,  and  is  the  only  range  having  two  or  more  wires  the  entire  dis¬ 
tance.  Lines  to  Cleveland,  Chicago,  St.  Louis,  &c.,  &c.,  diverge  from  points 
mentioned  on  the  above  route.  The  business  from  New-York  and  other 
Eastern  cities  with  New-Orleans  on  these  lines  is  very  great,  and  the  public 


106  shaffner’s  telegraph  companion. 

ought  to  feel  greatly  indebted  for  the  promptness  -with  which  it  is  executed. 
The  public,  however,  never  feels  grateful  for  anything,  and  though  the  lines 
above  use  the  greatest  care,  and  spare  neither  money  nor  labor  to  secure  a 
regular  communication  between  the  cities,  the  patronage  is  such  as  to  ena¬ 
ble  the  lines  to  pay  but  little  upon  the  investments.  Pertaining  to  the  capi¬ 
tal  invested  in  telegraphing,  we  contemplate  saying  something  about  it 
ere  long.  We  give  the  following  newspaper  notices  of  the  National  lines. 

Heavy  Business  in  Telegraphing. — The  National  Telegraph  line  was 
in  fine  working  order  on  Saturday,  and  communicating  directly  with  the 
principal  Eastern  and  Western  cities.  We  learn  from  the  obliging  reporters 
that  the  number  of  messages  left  for  transmission,  during  twenty-four  hours, 
were  310,  over  100  of  which  were  for  New- York,  and  the  number  received 
from  all  points  was  261,  making  an  aggregate  of  571 !  without  including 
what  are  termed  “  office  messages.”  This  is  a  large  business  for  a  single 
day,  and  we  doubt  if  it  has  ever  been  beaten  in  the  annals  of  Southern  tel¬ 
egraphing. — New-Orleans  Paper. 

Another  Great  Telegraphic  Teat. — The  Southern  and  Eastern  lines, 
uniting  at  Louisville  were  again  working  last  night  through  from  New-Or- 
leans  to  New- York  and  back,  a  distance  of  over  two  thousand  miles,  without 
repeating.  The  history  of  telegraphing  will  not  show  an  instance  in  the 
world  to  surpass  this.  It  is  certainly  working  the  largest  circuit  in  the  Uni¬ 
ted  States.  The  lines,  of  course,  are  in  fine  order,  and  the  companies  are 
reaping  the  reward  of  their  diligence.  From  fifty  to  one  hundred  and  four¬ 
teen  messages  per  day  are  passing  and  returning  between  those  two  distant 
cities.  On  Saturday,  the  10th,  the  office  of  the  New-Orleans  and  Ohio  Com¬ 
pany,  at  New-Orleans  alone,  received  for  that  day's  business  $553  78,  or  at 
the  rate  per  month  of  twenty-six  working  days,  of  $14,397  28.  If  this  line 
can  be  kept  working  as  it  has  been  recently,  it  will  realize  the  most  sanguine 
expectations  of  its  early  friends. — Louisville  Journal. 

Wonders  of  the  Telegraph. — Saturday  evening  the  operators  in  the 
New-York  and  New-Orleans  National  Telegraph  offices  were  holding  a  social 
chat  in  regard  to  matters  and  things  in  general,  .as  if  they  were  situated  in 
the  same  apartment.  The  following  conversation  occurred  in  regard  to  the 
expected  arrival  of  the  steamer.  Mr.  Fuller,  the  reporter  for  the  associated 
press  at  New-Orleans,  came  into  the  office  there,  and  asked  if  the  steamer 
had  arrived  yet,  when  New-Orleans  asks  New-York  if  the  steamer  has 
arrived.  New-York  says,  “Not  yet,  but  is  hourly  expected:  she  is  nearly 
three  days  over  due,  and  much  anxiety  is  manifested  in  regard  to  her/’  New- 
Orleans  says,  “  Thank  you,  that  came  good.” 

The  distance  from  New-York  to  New-Orleans  by  the  route  the  line  runs  is 
about  2,000  miles,  and  this  is  the  first  time  in  the  history  of  the  electric  tele¬ 
graph  in  this  country,  when  direct  communication  was  had  over  half  that 
distance,  without  rewriting;  and  it  is  quite  certain  that  such  a  feat  has 
never  before  been  performed  on  this  globe.  Just  imagine,  parties  separated 
2,000  miles  communicating  with  each  other  as  if  they  were  face  to  face. — 
Cin c innat i  Com m e rc ial. 

Complimentary. — We  publish  the  annexed  correspondence  with  great 
pleasure,  and  regret  we  could  not  give  an  engraving  of  the  beautiful  testi¬ 
monials  presented.  The  recipient  of  this  splendid  reward  of  merit,  Mr.  T. 
S.  Faxton,  of  Utica,  New-York.  has  been  connected  with  the  telegraph  for 
many  years.  lie  has  nobly  stood  by  his  line  in  the  hours  of  adversity,  and 
he  left  it  in  prosperity.  Those  who  have  been  in  like  difficult  places  know 


EDITORIAL. 


107 


how  to  feel  for  him  A,  We  admire  his  energy,  and  hope  his  years  will  not 
end  before  his  talents  and  services  will  be  again  in  the  cause. 

Presentation. — Some  days  ago  we  noticed  that  a  beautiful  Malacca 
Cane  had  been  prepared  for  presentation  to  T.  S.  Paxton,  Esq.,  by  the 
employees  of  the  New- York,  Albany  and  Buffalo  Telegraph  Co.  Since  then 
the  gift  has  been  presented,  accompanied  by  a  letter  expressive  of  their 
regard,  to  which  he  has  replied  in  a  manner  characteristic  of  the  man. 

We  give  copies  of  the  note,  and  Mr.  Paxton’s  acknowledgment. —  Utica 
PoVGV. 

Utica,  Dec.  1,  1853. 

Theodore  S.  Faxton,  Esq. — Dear  Sir  : — The  Superintendents  and  Opera¬ 
tors  of  the  Company  over  which  you  have  until  recently  presided,  have 
assigned  to  me  a  task  most  grateful  to  my  own  feelings;  and  although  I  may 
but  feebly  and  imperfectly  give  expression  to  their  sentiments  on  the  occa¬ 
sion',  yet  I  trust  you  will  give  full  credence  to  the  sincerity  in  which  they  are 
presented. 

The  difficulties  through  which  you  have  brought  the  Telegraph  to  its  pre¬ 
sent  maturity,  were  but  little  known  except  to  those  associated  with  you  in 
the  business;  they,  however,  fully  appreciated  them  ;  they  can  testify  to  the 
indomitable  perseverance  with  which  the  many  vexatious  embarrassments 
incident  to  its  early  history  were  met  and  overcome  ;  and  thus  the  ‘-vision¬ 
ary  experiment,”  as  the  Telegraph  was  wont  to  be  considered,  triumphantly 
established  as  a  permanent  and  invaluable  auxiliary  to  the  business  of  the 
times. 

As  a  mark  of  their  appreciation  of  the  ability  and  energy  by  which  your 
management  was  distinguished,  but  more  particularly  to  express  to  you  their 
regret  that  circumstances  have  induced  jmu  to  withdraw  from  the  position 
you  have  so  honorably  occupied,  the  employees  of  the  New-York,  Albany  and 
Buffalo  Telegraph  Company  very  respectfully  request  your  acceptance  of  the 
accompanying  Cane,  as  also  an  assurance  of  their  ever  retaining  a  pleasing 
recollection  of  the  frankness  and  kinduess  by  which  your  business  relations 
with  them  were  characterized. 

I  am,  dear  Sir, 

Yours  very  respectfully, 

Edward  Chapman, 

Treasurer  N.  Y..  A.  Sf  B.  Telegraph  Co. 

Utica,  Dec.  3,  1853. 

E.  Chapman,  Esq.,  Treas.  N.  Y.,  A.  &  B.  Tel.  Co.  * 

Dear  Sir: — Your  favor  of  the  1st  inst.,  accompanying  a  splendid  Cane 
from  the  employees  of  the  New-York,  Albany  and  Buffalo  Telegraph  Co.,  has 
just  been  presented  to  me.  You  will  allow  me  to  express  to  them,  through 
you,  my  feelings  of  gratitude  for  this  mark  of  their  approval  of  my  business 
intercourse  with  them  while  associated  with  them  in  the  duties  of  telegraph¬ 
ing- 

As  you  justly  remark,  the  Telegraph  enterprise  was  truly  considered  a 
“  visionary  experiment,”  but  time  and  perseverance  have  demonstrated  its 
practicability,  and  its  utility  is  now  appreciated  by  every  business  man  in 
Christendom. 

It  is  to  me  a  source  of  gratification  to  know  that  almost  every  hand  con¬ 
nected  with  this  token  of  regard  commenced  their  telegraphic  occupation 
with  this  company,  and  have  been  connected  in  the  business  with  myself  up 
to  the  time  of  my  resignation. 

Tt  is  with  pleasure  I  accept  the  gift,  the  value  of  which  is  not  to  be  esti¬ 
mated  by  dollars  and  cents.  It  is  entitled  to  a  higher  and  more  worthy  con¬ 
sideration,  inasmuch  as  it  is  a  free-will  offering  from  those  whose  esteem  I 
shall  always  endeavor  to  hold  in  due  regard. 


108 


shaffner’s  telegraph  companion. 


Accept  for  yourself,  and  those  associated  with  you  in  the  business,  my 
best  wishes  for  your  prosperity  and  happiness. 

Yours  respectfully, 

T.  S.  Faxton. 

Great  Discovery. — A  Universal  Telegraph. —  The  Mining  Journal 
minutely  describes  the  marvellous  improvements  effected  by  Mr.  Wilkins  in 
the  electric  telegraph,  by  which  the  system  bids  fair  to  be  thoroughly  revolu¬ 
tionized.  Mr.  Wilkins  is  a  telegraph  engineer  at  Hampstead,  and  has  secured 
a  patent  for  his  extraordinary  invention,  which  will  be  made  available  to  the 
public  by  the  Universal  Electric  Telegraph  Company.  The  improvements 
for  which  Mr.  Wilkins’s  electric  telegraph  will  be  distinguished  are  intended 
to  meet  all  existing  defects.  It  will  form  one  of  its  very  peculiar  and  stri¬ 
king  characteristics,  that  instead  of  the  message  being,  as  at  present,  ex¬ 
pounded  often  by  guess,  liable  to  be  misunderstood  or  mistaken  from  varia¬ 
tions  of  the  index,  or  from  many  other  causes,  the  message  will  be  written  by 
the  telegraph  instrument  itself.  By  means  of  his  singularly  ingenious  apparatus, 
the  message  leaves  the  telegraph  written  on  paper  by  the  instrument  in  clear 
and  distinct  characters,  delivered  in  a  continuous  line  and  unvarying  posi¬ 
tion.  It  is  not  even  dependent,  as  was  formerly  proposed,  on  the  chemical 
action  of  the  electric  fluid  on  certain  sensitive  colors,  but  the  machine  will 
enable  parties  to  perpetuate  an  accurate  record  of  the  message,  the  value  of 
which,  in  all  intercourse,  as  well  in  affairs  of  State  as  in  all  legal,  monetary, 
and  commercial  transactions,  is  almost  incalculable.  The  ingenuity  is  per¬ 
fectly  marvellous  which  arranges  the  telegraphic  apparatus  to  be  worked  by 
the  electric  current  in  such  a  manner  as  to  give  motion  to  a  marker,  or  tra¬ 
cer,  and  thereby  impress,  mark,  or  otherwise  render  visible,  in  a  continuous 
line  on  paper,  characters  representing  letters,  words,  and  figures  on  the  re¬ 
cording  surface,  which  is  kept  constantly  moving  by  means  of  clockwork,  or 
other  suitable  machinery,  while  the  characters  are  marked,  or  otherwise 
produced  by  the  electric  current,  in  a  fixed  manner,  capable  of  being  read 
upon  it.  By  a  contrivance  of  surpassing  ingenuity,  the  transmission  of  the 
message  will  be  simultaneous  to  any  number  of  radiating  stations  without 
the  aid  of  intermediate  operators,  only  one  operator  being  required  at  each 
telegraph.  This  branch  of  improvement  is  effected  by  a  delicate  piece  of 
machinery,  the  “  Automaton  Repeater,”  by  means  of  which  any  number  of 
towns  or  places,  within  the  circle  of  connection,  may  be  communicated  with 
at  the  same  moment  by  one  and  the  same  electric  touch  Mr.  Wilkins’s 
plan  is  also  remarkable  for  the  extreme  simplicity  of  the  telegraph,  for  one  wire 
will  be  sufficient,  and  in  order  to  prevent  the  uncertainties  which  have  impeded 
the  development  of  the  telegraphic  system,  he  has  devised  a  superior  plan  of 
insulators.  It  is  calculated  to  insure  the  most  perfect  and  unerring  accuracy 
by  the  total  absence  of  quivering  points  and  needles,  and  by  abstaining  from 
the  use  of  chemical  preparations,  always  liable  to  mislead  and  very  often  to 
fail.  It  will  possess  this  further  great  advantage,  that  by  a  return  communi¬ 
cation  the  message  will  be  repeated  at  the  place  from  which  it  is  sent,  in¬ 
stantaneously  with  the  delivery  of  it  at  the  place  for  which  it  was  intended, 
and  the  person  sending  it  wili  thus  be  enabled  at  once  to  see,  himself,  that 
his  message  has  been  accurately  transmitted,  the  telegraph,  without  any 
other  intervention,  in  effect  insuring  its  accuracy.  The  directors  contem¬ 
plate  telegraphic  communication  with  nearly  800  principal  towns  and  places 
in  the  United  Kingdom,  irrespective  altogether,  when  necessary,  of  railways. 
The  company  propose  to  establish  district  offices  in  all  or  most  of  the  towns 
and  places  in  the  kingdom,  containing  over  2,000  inhabitants,  for  the  pur¬ 
pose  of  receiving  and  transmitting  messages  upon  the  principles  of  radiation. 
When  unerring  certainty  is  thus  assured,  and  the  price  and  means  of  general 
communication  brought  within  the  reach  of  every  person,  it  will  be  difficult 


EDITORIAL. 


109 


to  speculate  upon  the  possible  extent  to  which  the  public  may  avail  them¬ 
selves  of  these  proposed  benefits. 

The  above  is  from  the  English  Mining  Journal.  The  editor  seems  to  be 
rejoiced,  and  anticipates  great  results  from  this  new  and  splendid  achieve¬ 
ment  !  As  compared  with  the  tardy  system  now  used  in  England  it  certainly 
is  a  great  stride  towards  perfection,  and  ought  to  be  universally  accepted. 
The  system  boasted  of  will  not  be  adopted,  because  it  is  the  invention  of 
an  American.  Let  the  editor  refer  to  the  archives  of  the  English  Patent 
Office,  about  June,  1838,  and  he  will  find  an  application  on  file  for  a  patent 
by  Prof.  Morse,  of  America,  for  the  same  invention,  now  newly  proclaimed 
by  the  Journal.  Morse  was  refused  a  patent  because  a  description  of  his  in¬ 
vention  had  been  published.  It  seems  that  England  was  not  only  unjust 
enough  to  refuse  Morse  a  patent  for  a  bona  fide  invention,  but  now  wishes 
to  claim  the  invention  as  her  own,  fifteen  years  after  it  has  been  before  the 
world.  The  plan  may  be  to  claim  it  as  English  to  guarantee  success. 
Indocti  discant ,  et  ament  meminisse  peritis. 

New- York,  Buffalo,  and  Chicago  Raisge. — This  range  of  lines  is  now 
better  connected  than  ever,  and  transmits  business  from  New-York  to  Chicago 
with  one  writing.  The  lines  have  been  well  insulated,  and  increased  energy 
has  brought  them  to  a  state  of  perfection  never  attained  before.  The  Super¬ 
intendent  of  the  New-York  end,  Mr.  Palmer,  informs  us  that  they  can  now 
transmit  business  a3  prompt  and  correct  with  Detroit,  Chicago,  and  the 
West,  as  can  be  done  on  any  range  of  lines  of  equal  length  in  the  country. 
The  end  is  great,  and  we  hope  their  success  will  be  triumphant.  We  clip 
the  following  notice  from  an  exchange  paper : 

Telegraphic  Feat. — Messages  were  received  in  this  city  yesterday,  via 
the  Morse,  New-York,  Albany  and  Buffalo  Telegraph,  direct  from  Chicago; 
and  we  learn  that  arrangements  have  been  perfected  by  which  messages  will 
be  hereafter  sent  between  the  two  cities  in  a  single  circuit. 

Pictorial  Life  of  a  Telegrapher. — We  are  advised  of  the  early  issue 
of  this  interesting  publication,  containing  some  seventy  engravings  illustra¬ 
ting  how  telegraphers  live  and  act.  We  have  seen  the  original  copy,  and 
feel  fully  authorized  to  say,  that  it  will  be  a  work  of  interest  and  fun.  It 
will  be  published  at  Louisville,  Ky.,  by  Mr.  C-eorge  Rutherford,  of  the  Na¬ 
tional  Lines,  to  whom  subscriptions  may  be  sent.  We  copy  the  following 
from  the  Louisville  Times  pertaining  to  this  publication  on  the  Telegraph  : — 

We  are  also  advised  of  a  forthcoming  Pictorial  work  on  the  order  of 
Cruik>shanks,  graphic  caricatures,  being  the  adventures  of  a  telegrapher,  the 
parties  and  scenes  all  being  connected  with  the  New-Orleans  and  Ohio  line. 
It  is  a  matter  of  some  pride  as  well  as  pleasure  to  the  editor  of  this  paper,  as 
the  chief  manager  of  that  company,  to  be  able  to  state,  that  all  these  pioneer 
enterprises  in  telegraph  literature  are  the  work  of  gentlemen  who  have  been 
or  are  now  connected  with  him  in  business.  It  speaks  well  for  the  talents, 
enterprise  and  industry  of  the  respectable  and  eminently  intellectual  corps 
of  telegraphers  connected  with  this  great  Southwestern  Telegraph  line  ex¬ 
tending  from  Pittsburg  to  New-Orleans. 


110. 


shaffner’s  telegraph  companion. 


Maysville  Submarine  Cable. — We  noticed  in  the  former  number  of  the 
Companion,  that  the  Maysville  cable  had  failed.  Since  then,  another  has 
been  constructed,  which  has  proved  successful.  The  following  we  take  from 
one  of  the  Western  papers,  via.  : — - 

We  are  gratified  in  being  able  to  state,  that  the  New-Orleans  and  Ohio 
Telegraph  Company,  after  repeated  failures,  and  at  a  great  expense,  have  at 
length  succeeded  in  securing  a  double  submarine  crossing  at  Maysville,  Ky., 
being  the  first  submarine  cable  With  two  perfectly  insulated  wires  yet  laid, 
so  far  as  we  know,  in  the  United  States.  Mr.  J.  B.  Sleet  has  accomplished 
this  work,  under  the  directions  of  Mr.  Tanner,  President. 

The  New  Orleans  and  Ohio  and  St.  Louis  and  New-Orleans  companies 
have  laid  a  greater  length  of  submarine  cables  this  summer,  of  the  kind  to 
resist  such  obstructions  as  occur  on  the  Western  waters,  than  all  other  lines 
in  this  country.  There  are  now  five  cables  on  these  lines,  viz:  the  double 
wire  cable  at  Maysville,  and  single  wire  cables  across  the  Tennessee  and 
Ohio  rivers  near  Paducah,  the  Mississippi  at  Cape  Girardeau,  and  Merrimac 
eighteen  miles  below  St.  Louis.” 

Besides  the  above,  there  is  a  cable  across  the  Ohio  at  Cincinnati  on  the 
House  line,  also  at  St.  Louis  on  the  Wade  line.  .  The  latter  was  the  pioneer 
cable.  None  but  Mr.  Andrew  Wade  had  the  courage  to  risk  the  expense. 
It  has  resisted  the  floods  nobly. 

Halifax  and  Boston  Line. — We  learn  that  this  line  continues  to  prosper 
and  that  its  business  is  greatly  increasing.  We  call  it  one  line,  though  composed 
of  two  companies, — the  Maine  Telegraph  Company  and  the  Nova  Scotia 
Electric  Telegraph  Company.  Mr.  James  Eddy  is  the  Superintendent  of  the 
former,  and  since  his  line  has  made  a  direct  connection  with  Boston,  the  busi¬ 
ness  is  performed  with  much  more  speed  and  accuracy.  We  copy  the  fol¬ 
lowing  notice  from  a  New-Orleans  paper,  and  though  speaking  very  justly 
of  the  merits  of  the  line,  exhibits  great  ignorance,  as  there  is  no  House 
Telegraph  east  of  Boston. 

“We  are  gratified  to  learn,”  says  the  Charleston  Courier ,  “  that  great  im¬ 
provements  have  just  been  made  in  telegraphic  facilities  between  New-York 
and  Halifax,  by  which  communications,  which  heretofore  have  been  re-writ¬ 
ten  at  four  or  five  different  points,  are  now  sent  direct,  with  but  a  single  re¬ 
petition.  The  new  plan  enables  the  lines  to  transmit  messages  in  less  than 
one-quarter  the  time  heretofore  required,  and  also  lessens,  in  a  very  material 
degree,  the  liability  to  make  errors.  Messages  were  sent  to  and  received 
from  Halifax  in  the  space  of  five  minutes,  via  the  House  Printing  Telegraph 
line.  The  distance  by  telegraph  between  Halifax  and  New-York  is  about 
one  thousand  miles.” 

Sandy  Hook  Telegraph. — We  take  the  following  notice  of  this  important 
line  from  the  New-York  Times.  We  admire  the  spirit  of  the  editorial,  and 
wish  the  merchants  would  properly  appreciate  the  great  value  of  the  electric 
communication  with  that  point.  Sometimes  we  see  them  very  liberal — 
would  give  any  amount  of  money  if  the  line  was  in  order  that  they  might 
hear  from  a  given  vessel,  but  when  the  line  is  in  order,  fifty  cents  for  a 
message  over  a  line  of  about  120  miles  long,  without  other  offices  or  busi¬ 
ness  to  sustain  it,  looks  to  some  of  them  as  “  large  as  a  cart-wheel.”  Mr. 


EDITOEIAL. 


Ill 


Walter  0.  Lewis  is  the  lessee  of  the  line.  The  House  instrument  is  used. 
We  hope  he  will  have  better  luck  than  telegraphers  generally. 

“The  great  value  of  the  New-York  and  Sandy  Hook  Magnetic  Telegraph 
Line  to  the  underwriters,  and  to  the  whole  shipping  interests  of  the  city,  has 
been  well  illustrated  within  the  past  few  weeks,  as  through  that  channel 
most  important  and  minute  information  has  been  conveyed  from  stranded 
vessels  in  the  vicinity  of  Sandy  Hook,  to  their  owners  and  underwriters  in 
this  city,  by  which  means  many  lives  and  much  valuable  property  have  been 
saved.  The  line  is,  as  yet,  but  partially  organized  for  business,  but  we  trust  its 
attentive  Manager  may  receive  adequate  support  from  the  underwriters  and 
shipping  merchants  of  the  city,  to  enable  him  to  perfect  all  of  Ins  arrange¬ 
ments  for  working  it  in  the  most  efficient  manner.  Mr.  Lewis,  the  Manager 
of  the  line,  may  be  found  at  all  hours  at  the  office  of  the  Company,  No.  19 
Wall-street,  corner  of  Broad-street.” 

Notices  of  the  Companion  and  Taeiff  Scale. — The  following  from 
the  Louisville  Times,  edited  by  Cul.  William  Tanner,  President  of  the  longest 
range  of  lines  in  the  world,  with  whom  we  have  been  associated  for  many 
years,  thus  speaks  of  the  Companion.  Wo  feel  thankful  for  his  good 
opinion  : — 

“  This  is  one  of  the  series  of  useful,  practical  publications  which  the  genius 
and  the  enterprise  of  the  present  a<*e  have  produced  in  rapid  succession  to 
an  extent  never  before  known  in  the  periodical  literature  of  this  country. 
The  great  industrial  pursuit  of  which  it  is  an  advocate  and  exponent,  has, 
within  the  brief  period  of  eight  or  nine  years,  established  for  itself  claims 
upon  the  attention  of  the  world  not  surpassed,  if  equalled,  by  any  other  en¬ 
terprise  of  science  and  art  of  the  present  century.  Any  publication  devoted 
exclusively  to  this  vast  and  increasing  pursuit,  properly  conducted,  must 
command  the  attention,  not  only  of  the  thousands  of  intelligent  persons  con¬ 
nected  with  it,  but  of  the  public  at  large. 

“This  unpretending  monthly  is  designed  not  only  to  enlighten  the  public 
in  regard  to  the  principles  of  the  science,  but  to  inform  those  engaged  in  the 
business  of  the  details  of  the  system  and  of  its  success  and  progress  it  will 
be  the  repository  of  every  thing  interesting  connected  with  each  line  opera¬ 
ting  under  the  Morse  patents  in  the  United  States,  and  will  record  all  im¬ 
provements,  suggestions,  and  new  inventions  for  the  more  successful  prose¬ 
cution  of  the  business  ;  and  in  fine,  will  be  a  medium  through  which  will  be 
made  known  all  that  is  connected  with  telegraphing. 

“  The  position  of  the  editor  as  Secretary  to  the  voluntary  confederation  of 
the  managers  of  the  various  lines  will  enable  him  to  have  access  to  all  such 
sources  of  information  as  it  may  be  proper  to  impart  to  the  public,  and  his 
industry  and  long  cunnection  with  the  business  are  guarantees  that  he  will 
do  his  part  faithfully  in  making  the  work  all  that  it  promises  to  he. 

“  We  are  promised  in  a  few  days,  from  the  same  publishers  and  editor,  a 
Compound  Tariff  Telegraph  Scale,  to  be  published  monthly,  in  the  same  form 
as  the  Companion,  containing  32  pages,  with  corrections  and  additions  as 
they  may  occur.  This,  also,  will  be  an  eminently  useful  work,  and  should 
receive  the  encouragement  of  every  company  in  the  Union,  it  will  enable 
every  telegrapher  to  know  what  to  charge,  and  every  person  using  the  tele¬ 
graph  lines,  to  know  just  what  he  has  to  pay  for  a  message  sent  to  any  point 
in  the  United  States  or  the  British  Provinces. 

Here  is  a  notice  from  the  Evansville  Journal,  e dited  by  A.  H.  Sanders,  Esq., 
who  always  writes  well,  and  is  a  judge  of  a  good  work.  We  always  admired 
bis  good  taste  : — 

Shaffner’s  Telegraph  Companion. — We  are  indebted  to  Tal.  P.  Shall- 


112 


shaffner’s  telegraph  companion. 


ner  for  tlie  January  No.  of  a  new  work  of  which,  he  has  just  commenced  the 
publication  at  New-York,  of  the  above  name.  It  is  issued  monthly,  at  §2 
per  annum,  or  with  the  Telegraph  Chart  at  $3.  It  contains  a  large  quantity 
of  reading  matter  devoted  to  Telegraphy  in  all  its  branches.  It  is  a  work 
almost  indispensable  in  telegraph  offices,  and  one  which  would  prove  useful 
to  any  reading  man.  Mr.  bhaffner  is  well  known  in  the  West  as  a  builder 
and  superintendent  of  lines,  and  as  an  energetic  business  man.  He  is  a 
fluent  writer,  and  fully  conversant  with  telegraph  matters,  so  that  he  cannot 
help  making  a  good  telegraph  periodical. 

Extract  of  aLsllerfrom  Freeman  Brady,  Operator,  Washington ,  Pa. — “Sir: — 
It  affords  me  pleasure  to  be  able  to  contribute  a  little  aid  to  you  in  your 
praiseworthy,  and,  to  a  telegrapher,  essentially  necessary  enterprise.  Your 
Companion  is  replete  with  useful  information,  not  only  to  a  person  engaged 
in  the  business,  but  to  all  persons  who  take  any  interest  in  the  advancement 
of  science.  Your  Tariff  Scale  is  of  the  utmost  value  to  Companies,  and  ren¬ 
ders  it  the  greatest  aid  to  operators  in  charge  of  offices.-'’ 

Extract  of  a  Letter  from  C.  Bassit,  Operator ,  Roscoe,  O. — “  Your  publications 
for  January  are  received,  and  I  am  very  much  pleased  with  them.  I  need  a 
work  devoted  to  the  details  of  practical  telegraphing.  Ts  there  such  a  work 
published  V' 

[There  is  no  such  work  in  existence  at  present,  though  there  is  one  in  pre¬ 
paration. — Editors.] 

Extract  of  a  Letter  from  A.  E.  Trabue,  Operator ,  Nashville ,  Tenn. — “  I  sin¬ 
cerely  hope  your  Magazine  will  be  the  companion  of  every  operator  in  the 
country.  It  is  full  of  interest  and  information  for  telegraphers.” 

We  publish  the  following  notice  to’the  respective  Telegraph  Companies  of 
America,  and  hope  it  will  tend  to  increase  the  zeal  among  them  to  be  repre¬ 
sented  on  that  occasion.  There  are  questions  of  very  great  importance  that 
will  be  introduced  to  the  Convention,  requiring  all  the  wisdom  that  can  be 
associated  to  act  upon,  with  proper  consideration.  We  hear  of  the  intended 
presence  of  a  large  representation. 

To  the  Morse  Telegraph  Companies  of  America : — 

The  next  Annual  Convention  of  the  American  Telegraph  Confederation 
will  assemble  at  Washington  City  March  6th,  1854,  and  all  companies  using 
the  Morse  American  Electro-Magnetic  Telegraph  are  requested  to  be  repre¬ 
sented  by  one  or  more  delegates.  A  general  attendance  is  earnestly  re¬ 
quested,  a3  matters  of  importance  to  the  system  of  telegraphing  are  expected 
to  be  brought  before  the  Convention. 

P.  P.  French,  President-. 

W ashington,  January,  1854. 


SHAPFNEE’S 

AMERICAN  TELEGRAPH  COMPANION. 

Published  MoutBefly,  in  Oac  City  off  Mew-¥ork. 

Devoted  exclusively  to  the  artfof  Telegraphing,  being  the  cheapest  and  largest  publi¬ 
cation  ever  issued  on  the  science.  Containing  48  pages,  octavo.  Terms,  $2  00  per 
annum. 

Address,  PUDNEY  &  RUSSELL,  79  JOHN-STREET,  N.  Y. 


COMPOUND  TELEGRAPH1  TARIFF  SCALE. 

Published  Monthly,  in  the  City  of  New-York. 

Devoted  exclusively  to  the  Tariffs  of  all  the  Lines  in  America.  Corrected  monthly, 
with  great  care  in  calculations,  based  upon  the  latest  changes  in  Tariffs  by  the  respec¬ 
tive  Lines.  Containing  32  pages  of  Tariff  matter.  Terms,  $2  00  per  annum. 

Address,  PUDNEY  &  RUSSELL,  79  JOHN-STREET,  N.  Y. 


The  Telegraph  Companion*  and  the  Telegraph  Tariff  Scale  will  be  furnished 
separately,  at  $2  00  per  annum.  Both  to  one  address  for  $3  00, 

EDITED  BY  TAL.  P.  SHAFFNER, 

Residence ,  City,  f?.  f. 

PUDNEY  &  RUSSELL,  PUBLISHERS,  79  JOHN-STREET,  NEW-YORK. 


HUNT’S 

Merchants’  Magazine  and  Commercial  Review. 

TES  IT^RSjM  SUMS  &  .9  27  Fj  1%  1839. 

BY  FREEMAN  HUNT,  Editor  and  Proprietor. 


PUBLISHED  MONTHLY, 

3lt  142  JTultcm street,  Nnu-fflork — 2lt  $5  00  per  2lnnum. 


The  MERCHANTS’  MAGAZINE  AND  COMMERCIAL  REVIEW  is  devoted  to 


Trade,  Commerce,  and  Navigation — Banking,  Currency,  and  Finance — Mercantile 
and  Maritime  Law — Fire,  Marine,  and  Life  Insurance — Ocean  and  Inland  Navi 
gation — Nautical  Intelligence — Internal  Improvements — including  Canals,  Rail 
ways,  and  Plank  Roads — Rivers  and  Harbors,  and  in  general  all  subjects  involving 
the  great  Commercial  and  Industrial  Interests  of  the  Country  and  the  World. 


SCHEDULE  OF  PRICES. 


Prices  of  materials  furnished  by  the  Secretary  in  accordance  with  the  resolution  of 
the  Washington  Convention,  1853,  relative  to  supplies,  &c.  [See  Companion  for  Jan¬ 
uary,  1854. 


Nitric  Acid,  per  lb .  . $  S£ 

Sulphuric  Acid,  “  2 

Zincs,  “  8 

Quicksilver,  “  65 

Message  Heads,  per  1.000 .. .' .  1  20 

Envelopes,  embossed,  per  1.000,  white. ...  1  60 
l!  "  “  straw  col¬ 
ored,  extra  .  1  60 


Envelopes,  printed,  per  1,000.  tuff. ......  .$  1  20 

Pencils,  per  dozen .  22 

Tumblers  2  00 

Porous  Cups  “  62 

Elaclc  Ink,  quart  bottles .  28 

Platinum,  per  oz .  8  00 

Pens,  per  gross .  30 

Clocks,  each . 10  00 


Companies  are  requested  to  forward  their  orders  to  the  undersigned,  and  they  will 
receive  prompt  attention. 


TAL.  P.  SHAFFNER.  Secretary,  <$-, 


%aoii  mtir  fab  ^tinting, 

BY  FUDNBY  &  RUSSELL, 

7  9  JfOMUT-STRBlET, 

I 

PRINTERS  FOR  AMERICAN  TELEGRAPH  CONFEDERATION. 


We  are  prepared  to  execute  all  kinds  of  Telegraph  Printing  upon  the  most  reasonable  terms,  and 
in  the  best  style.  Having  the  contract  for  printing  from  the  American  Telegraph  Confederation, 
we  have  prepared  additional  facilities  for  promptly  complying  with  any  order  from  a  Telegraph 
Company,  as  a  preferred  Job. 

We  invite  the  different  Companies  throughout  America  to  patronize  us  in  the  printing  of  their 
Register  Book,  Cards  of  Local  Tariffs,  Circulars,  Monthly  or  Weekly  Blank  Reports ;  and  all  kinds 
of  Blanks  needed  in  the  Telegraph  Business  will  be  neatly  executed,  at  very  reduced  prices. 

The  Secretary  of  the  Confederation,  and  other  expert  Telegraphers,  have  kindly  offered  their  aid 
in  preparing  forms  for  any  of  the  Companies. 


E  BOW’S  REVIEW. 

TOL*.  XIV.  AND  XV. 

ADAPTED  PRIMARILY  TO  THE  SOUTHERN  AND  WESTERN  STATES  OF  THE  UNION.  \ 

Sncltiiiing  Statistics  at  foreign  anti  Domestic  Snirastnj  anit  enterprise.  ; 

PUBLISHED  MONTHLY  IN  NEW-ORLEANS,  AT  $5  00  PER  UNNUM,  IN  ADVANCE. 


A  few  complete  sets  of  the  work ,  thirteen  volumes ,  bound  handsomely , 
(600  to  6S0  pages  f  are  for  sale  at  the  office,  New- Orleans,  deliverable  in  any 
of  the  large  cities  or  towns .  # 

DE  BOW’S  INDUSTRIAL  RESOURCES, 

OF  THE 

SOUTHERN  AND  WESTERN-  STATES. 

3  Vols. — LargeSvo. — Fine  print, paper  and  binding.  Price  $10.  $3  33  per  vol. 

(Postage  Free,  if  remittance  direct  to  office,  without  agents’  commission.) 

This  work,  which  is  a  condensation  and  rearrangement  of  all  the  important  papers,  articles  and 
statistics  that  have  appeared  in  the  Thirteen  Published  Volumes  of  De  Bow’s  Review,  is  now  ready 
for  delivery. 

The  subjects  in  it  are  arranged  alphabetically,  as  in  the  Encyclopedias,  and  are  generally  brought 
down  to  date.  They  will  be  sent  postage  free  where  the  amount  is  remitted  direct  to  the  New- 
Orleans  Office. 

Sets  of  the  Industrial  RESOURCwlAcan  be  had  at  the  leading  bookstores  in  the  United  Sta  es 
as  also  single  numbers  and  bound  volumes  of  the  Review. 

»  _ _ _ _ _ 

W.  IS.  ARTHUR  &  CO., 

STATIONERS,  AND  ACCOUNT-  BOOK  MANUFACTURERS, 

• 

IMPORTERS  AND  DEALERS  IN 

(Jmry  Ascription  of  Jo  reign  anb  JBomcstic  Stationery, 


39  NASSAU-STREET,  COR.  OF  LIBERTY, 


IV  EW- YORK. 


Voi.  L— No.  3. 


/  MARCH,  185 


ft. 


\ 


St 


hide. 


DEVOTED  TO  THE  SCIENCE  AND  ART  OF  THE 


MORSE  AMERICAN  TELEGRAPH. 


BY  TAL.  P.  SHAFFNER,  ESQ., 

SECRETARY  OF  TIIE  AMERICAN  TELEGRAPH  CONFEDERATION, 

lVa«hin gfosi  City,  E>.  C. 


“  Canst  thou  send  lightning,  that  they  may  go,  and  say  unto  thee,  Here  we  are  1” — Job. 


“  The  names  of  Franklin  and  Morse  are  destined  to  glide  down  the  declivity  of  time 
together — the  equals  in  the  renown  of  inventive  achievements.” — F.  O.  J.  Smith. 


“  As  the  inventor  of  the  Electric  Telegraph,  you,  Prof.  Morse,  stand  pre-eminent.” — 
Arago. 


“  The  Electro-Magnetic  Telegraph — that  last  and  most  wondrous  birth  of  this  wonder- 
teeming  age.” — Congressional  Report  on  Morse's  Telegraph. 


TERMS,  $2  PER  ANNUM. 


N  E  W  -  Y  O  R  K  : 

[SHED  SIOMTHLY,  BY  PUMEY  &  RUSSELL, 


pa 


No.  79  John-Street. 


1654. 


V 


TABLE  OF  CONTENTS. 


Art.  I.— MORSE  AMERICAN  TELEGRAPH  PATENTS:— 

Controversy  with  O'Rielly — People’s  Line  to  New-Orleans — Completed  in  1848  to 
Nashville — Application  1'or  Injunction — The  Columbian  Telegraph  an  Infringement 
— Morse  sustained — Injuuction  awarded — The  Line  seized  by  the  Marshal — The 
Bain  System — Appeal  to  Supreme  Court — The  Finale  of  the  Line — Morse  Patents 


of  1840  and  1846 . . . . . . . .  113 

Columbian  Telegraph . - . . .  115 

Comparison  of  the  Telegraphs .  117 

Mutator  of  the  Columbian  Telegraph .  117 

The  Comparison  of  the  Registers .  119 

The  Columbian  Infringes  on  Morse . 122 

Application  for  Injunction . 122 

Injunction  awarded . 122 

Injunction  perpetuated .  123 

Injunction  evaded . 123 

Second  Evasion  of  Injunction . 124 

The  United  States  Marshal  seizes  the  Line . . .  125 

Appeal  to  the  Supreme  Court . . .  125 

The  Bain  Chemical  Telegraph .  126 

The  Finale  of  the  Line . . . . .  126 

Vote  in  the  Supreme  Court . 126 

Conclusion . - .  127 

Patent  1  840 — Reissued  1848 . 127 

Claims .  127 

Patent  1846  —Reissued  1848 .  129 

Object  of  the  Invention .  129 

Claims . 130 

Art.  II.— DECISION  OF  SUPREME  COURT  OF  THE  UNITED  STATES:— 

Appeal  from  the  Circuit  Court  of  the  LTnited  States  for  the  District  of  Kentucky — 
Chief  Justice  Taney’s  Opinion . 131 

Art.  Ill— DISSENTING  OPINION  OF  JUSTICE  GRIER:— 


Appeal  from  the  Circuit  Court  of  the  United  States  for  the  District  of  Kentucky,  in  the 
case  of  Henry  O’Rielly,  et  al.,  Appellants,  vs.  Samuel  F.  B.  Morse,  et  al.,  Appellees  150 


SUBMARINE 

The  undersigned,  having  had  much  experience  in  Submarine  Telegraph  Lines  during 
the  past  five  years  in  the  United  States,  and  having  perfected  Electric  Cables  to  T  '’et 
the  necessities  of  any  river  in  America,  he  is  prepared  to  construct  them  upon  the  Lnj 
reliable  plan  known  to  science  and  mechanics.  He  will  warrant  any  Cable  made  ui 
his  orders,  if  desired,  as  to  strength  for  the  locality,  perfect  insulation,  or  preservaj 
from  atmospheric  electricity. 

With  a  view  to  secure  the  best  workmanship,  the  undersigned  has  engaged 
in  the  construction  of  Cables,  Mr.  J.  B.  Sleeth,  who  is  an  expert  mechanic, 
in  nautical  life.  Mr.  S.  has  been  engaged  in  laying  several  Cables  acrossj 
waters,  and  his  mechanical  improvements  are  superior  in  their  proper  coni 

TAL.  P.  SHAFFNj 

w: 


v. 


V3 


SHAFFNER’S 

TELEGRAPH  COMPANION, 

DEVOTED  TO  THE  SCIENCE  AND  ART  OF  THE 

MORSE  AMERICAN  TELEGRAPH. 


VOL.  I.  MARCH,  1854.  Ao.  3. 


Art.  I.— MORSE  AMERICAN  TELEGRAPH  PATENTS. 

CONTROVERSY  WITH  O^RIELLY - PEOPLE’S  LINE  TO  NEW-ORLEANS - COMPLE¬ 
TED  IN  1848  TO  NASHVILLE - APPLICATION  FOR  INJUNCTION - THE  COLUM¬ 
BIAN  TELEGRAPH  AN  INFRINGEMENT - MORSE  SUSTAINED — INJUNCTION 

AWARDED - VIOLATORS  ARRESTED — THE  LINE  SEIZED  BY  THE  MARSHAL - 

THE  BAIN  SYSTEM - APPEAL  TO  SUPREME  COURT - THE  FINALE  OF  THE  LINE 

- MORSE  PATENTS  OF  184t>  AND  1846. 

On  the  13th  of  June,  1845,  Prof.  Samuel  F.  B.  Morse,  and 
associates,  entered  into  a  contract  with  Henry  O’Kielly,  granting 
to  the  latter  the  right  to  construct  a  line  of  Morse’s  Electro-Mag- 
netic  Telegraph  from  the  seaboard  to  St.  Louis,  and  to  the  prin¬ 
cipal  towns  on  the  Lakes.  Morse  and  associates  inserted  in  the 
contract  a  prohibitory  clause  against  O’Rielly’s  extending  the 
line  to  New-Orleans,  expressly  reserving  that  right  to  the  paten¬ 
tees.  Ere  the  line  had  reached  Pittsburg  from  Philadelphia, 
a  misunderstanding  arose  between  the  patentees  and  Mr.  O’Biel- 
ly.  The  press  throughout  the  land  were  burdened  with  circu¬ 
lars  of  caution,  proclamations  of  fraud,  and  supremacy  of  respec¬ 
tive  rights.  In  December,  1847,  the  line  was  finished  to  St. 
Louis.  By  the  exercise  of  great  energy,  worthy  of  a  nobler 
end,  Mr.  O’Rielly  obtained  the  popular  furor  in  his  favor,  and 
against  the  merited  and  just  rights  of  Prof.  Morse.  The  people 
and  the  press  regarded  Mr.  O’Rielly  as  a  public  benefactor. 
Success  crowned  his  efforts  within  the  range  of  his  contract  from 
Morse.  In  the  midst  of  this  conquest,  his  discretion  became 
confused ;  and  his  enmity  to  Morse  and  associates,  encouraged 
by  public  manifestation,  made  to  order,  induced  him  to  make  a 
grand  but  desperate  bulge  towards  New-Orleans,  totally  regard¬ 
less  of  all  propriety,  the  dictates  of  sound  reason  and  justice  to 
the  rights  of  Morse,  whose  invention  he  had  and  was  using  on 
YOL.  I. — NO.  III.  1 

1  3)3  'oM 


114 


shaffner’s  telegraph  companion. 

tlie  immense  range  of  lines  constructed  under  the  contract  of 
June,  1845.  It  was  a  leap  from  prosperity  to  adversity — from 
an  Eden  to  a  vortex  of  fatality  I  Whatever  may  have  been  the 
misunderstanding  between  the  patentees  and  Mr.  O’Rielly,  a 
justification  of  the  construction  of  the  line  to  New-Orleans,  and 
the  efforts  to  destroy  the  property  of  Morse,  can  find  no  exist¬ 
ence.  The  grand  moral  code  of  society  is  unstained  with  a 
word  in  its  defence  upon  its  bright  pages ! 

The  public  and  the  press  joined  with  Mr.  O’Rielly  at  the  time, 
and  thus  encouraged,  he  felt  sanguine  of  success.  Rapidity  of 
construction,  regardless  of  permanency,  was  the  test  with  the 
public  as  to  the  relative  rights.  The  first  flash  to  a  city  or  a 
town  determined  who  was  right  and  who  was  wrong.  Thus  the 
public  became  accessory  in  the  deeds  of  error,  in  a  shameful 
waste  of  the  rights  of  an  American  inventor,  who  now,  by  the 
decree  of  a  tribunal,  elevated  above  the  poisoned  fangs  of  sordid 
minds,  proclaim  to  the  world,  through  the  heralds  of  the  Supreme 
Court  of  the  first  nation  on  earth,  that  Morse  is  the  true  and 
original  inventor  of  that  grand  and  most  wonderful  art — the 
Electro -Magnetic  Telegraph. 

About  the  23d  of  December,  1847,  after  the  failure  of  other 
efforts,  Hon.  Amos  Kendall  and  Hon.  E.  0.  J.  Smith,  feeling 
provoked  at  the  unwarrantable  proceedings  of  Mr.  O’Rielly, 
contracted  with  William  Tanner  and  Tal.  P.  Shaffner,  of  Ken¬ 
tucky,  to  construct  a  line  of  Telegraph  from  Louisville  to  Nash¬ 
ville,  Tenn.,  and  from  Louisville  to  Lexington,  Ky,,  the  same  to 
be  a  section  of  the  line  to  New-Orleans,  and  to  the  East  therefrom. 
Messrs.  Kendall  and  Smith  advanced  about  $20,000  in  the  build¬ 
ing  of  this  section. 

As  soon  as  the  existence  of  the  above  contract  was  known  to 
Mr.  O’Rielly,  he  placed  a  large  force  to  work  in  constructing  the 
line  south  of  Louisville.  Here  commenced  the  race  for  New- 
Orleans.  The  parties  agreed  to  occupy  separate  sides  of  the 
road,  to  avoid  confusion  and  conflicts  among  the  workmen.  The 
O’Rielly  line,  proclaimed  as  the  People’s  Line,  was  completed 
to  Nashville  about  the  last  of  February,  1848.  The  Columbian 
Telegraph  was  announced  and  put  in  operation.  The  equivalent 
for  the  Relay  Magnet  was  a  series  of  electro-magnetic  multipliers, 
each  being  composed  of  a  magnetic  needle  delicately  suspended, 
and  placed  within  a  longitudinal  coil  of  copper  wire,  covered 
with  silk  thread.  In  this  arrangement,  the  needle  is  extremely 
sensitive  of  the  least  current  transmitted  through  the  coil.  The 
wire  passing  many  times  above  and  below  the  needle,  tends  to 
move  its  poles  with  the  united  influence  of  the  whole,  and  in  the 
same  direction  ;  so  that  the  effect  of  a  single  wire  becomes  mul¬ 
tiplied  in  nearly  the  proportion  of  the  number  of  times  the  coil 
passes  above  and  below  the  needle.  A  needle  thus  circumstan- 


MORSE  AMERICAN  TELEGRAPH  PATENTS. 


115 


ced,  with  a  divided  circle  to  measure  the  angle  of  deviation, 
constitutes  an  instrument  termed  a  galvanometer,  or,  as  it  was 
first  termed,  electro-magnetic  multiplier.  Faraday,  by  means  of  a 
delicate  instrument  of  this  kind,  succeeded  in  identifying  com¬ 
mon  and  Yoltaic  electricity  as  a  source  of  electro-magnetic 
action.  The  application  of  this  instrument  as  a  part  of  the  Colum¬ 
bian  proved  defective,  owing,  we  believe,  to  its  extreme  sensi¬ 
tiveness.  The  Mutator  was  then  introduced  in  its  place,  to 
perform  the  functions  of  a  Relay  Magnet.  This  instrument  will 
hereafter  be  described  as  understood  by  the  Court  and  explained 
by  the  inventor. 

To  enable  the  reader  to  understand  the  nature  of  the  Colum¬ 
bian  Telegraph,  we  copy  a  description  of  the  Register,  and  Muta¬ 
tor,  and  history  pertaining  thereto,  from  the  opinion  rendered 
by  the  Hon.  Thos.  B.  Monroe,  of  the  District  Court  of  the  United 
States  for  the  District  of  Kentucky,  viz. : — 

COLUMBIAN  TELEGRAPH. 

“  The  only  question  under  this  head  is,  upon  the  identity  of 
the  Telegraph  of  Mr.  Morse,  and  the  Columbian  Telegraph  em¬ 
ployed  by  the  defendants.  The  operations  by  the  defendants  are 
not  controverted.  They  put  their  defence  exclusively  on  the 
ground  that  their  Telegraph  is  not  within  the  description  and 
given  specifications  found  in  the  schedule  of  the  patents  under 
which  the  complainants  assert  their  exclusive  right. 

“  Now,  having  given  a  history  of  the  invention  of  Mr.  Morse, 
and  its  introduction  into  public  use,  it  will  be  but  equal  to  give  the 
like  history  of  the  invention  of  the  Columbian  instrument,  and 
how  it  was  introduced  to  the  public. 

“It  happened  that  Mr.  Morse  and  his  associates,  in  their 
anxiety  to  promote  the  establishment  of  lines  of  Telegraphs,  and 
extend  their  operations,  in  June,  1845,  entered  into  a  contract 
with  this  Mr.  Henry  O’Rielly,  by  which  he  undertook,  on  terms 
then  agreed  upon,  to  raise  the  capital  for  the  construction  of  a 
line  of  Telegraph  from  Philadelphia,  or  other  convenient  point 
on  the  great  seaboard  line,  by  the  way  of  Harrisburg,  and  other 
intermediate  towns,  to  Pittsburg,  and  thence  through  Wheeling 
and  Cincinnati,  and  such  other  towns  and  cities  as  the  said  Henry 
O’Rielly  and  his  associates  might  elect,  to  St.  Louis,  and  also  to 
the  principal  towns  on  the  Lakes. 

“It  turned  out,  that  under  this  contract,  some  progress  hav¬ 
ing  been  made  in  the  raising  of  capital  and  constructing  Tele¬ 
graph  lines,  the  parties  differed  in  respect  to  the  contract,  in 
relation  to  what  had  been  done,  and  their  rights.  And, 

“In  this  controversy,  Mr.  O’Rielly  found  what  induced  him 
to  determine  to  establish  a  line  of  Telegraph  from  Louisville,  via 


116 


SHAFFNER'S  TELEGRAPH  COMPANION. 


Nashville,  and  other  towns,  to  New-Orleans  not  under  color  of 
his  contract,  or  otherwise  claiming  under  the  patents  of  Mr. 
Morse,  but  in  disregard  thereof. 

“There  was  evidence  that  he  at  first  represented  that  he  had 
the  right  to  establish  these  lines  under  his  contract  with  Mr. 
Morse  and  others,  and  so  operate  under  his  patents,  but  this  pre¬ 
tension  was  shortly  afterwards  abandoned. 

“  He  was  not,  however,  in  the  situation  to  contest  the  validity 
of  the  patents  of  Mr.  Morse. 

“He  had  formed  joint  stock  companies,  for  the  construction 
of  Telegraphs,  obtained  the  subscriptions,  and  induced  his  asso¬ 
ciates  to  advance  their  money  on  the  faith  of  the  validity  of 
these  patents.  And, 

“In  the  formation  of  such  associations,  he  had  reserved  to  him¬ 
self  and  the  owners  of  the  patent  large  portions  of  the  stock,  and, 
of  course,  the  right  to  corresponding  shares  of  the  dividends ; 
and  which  was  accorded  to  him  on  no  other  consideration  but 
the  supposed  exclusive  right  of  the  patentee. 

“  The  other  partners  subscribed  and  advanced  their  money. 
Mr.  O’Rielly  subscribed  the  patent  rights  of  Mr.  Morse,  and  was 
to  have  the  same  ownership  in  the  joint  stock,  and  dividends 
upon  it,  which  the  capitalists  were  to  have  upon  their  money, 
actually  advanced. 

“If,  then,  these  patents  were  null,  he  was  committing  frauds 
upon  these  subscribers,  to  the  full  amount  of  the  interest  in  the 
joint  stock  companies,  he  had,  by  such  means,  so  reserved  and 
secured  to  himself  and  the  owners  of  the  patent. 

“It  did  not  then  become  him  to  denounce  these  patents,  and 
declare  that  all  claims  to  rights  under  them  were  worthless. 
Such  an  admission  on  his  part,  in  one  of  these  associations  he 
had  formed  on  the  north  of  the  Ohio,  would  have  at  once  estab¬ 
lished  that  he  had  no  right  in  it,  but  that  it  belonged  to  those 
who  had  advanced  the  money  by  which  the  Telegraph  had  been 
constructed ;  he  therefore  looked  for  some  other  colorable  in¬ 
vention,  under  which  to  construct  and  work  a  Telegraph  in 
Kentucky. 

“It  happened  that  Mr.  E.  F.  Barnes  had  been  employed  in 
the  capacity  of  an  operator  on  the  Telegraph  line  of  Mr.  Morse, 
from  Buffalo  to  New- York,  and  Mr.  S.  K.  Zook  had  been  opera¬ 
tor  and  superintendent  on  the  line  from  Washington  City  to 
New- York,  and  having  both  become  well  acquainted  with  the 
operations  of  all  the  instruments,  and  learned  the  principles  of  the 
Telegraph  of  Mr.  Morse,  each  conceived  some  idea  of  improve¬ 
ments  on  the  instruments  of  his  invention,  and  uniting  their 
notions,  they  contrived  an  instrument,  in  substitution,  as  they 
supposed,  of  the  Receiving  Magnet,  and  another  instead  of  his 
Register,  and,  denominating  their  combination  1  The  Columbian 


MORSE  AMERICAN  TELEGRAPH  PATENTS.  117 

Telegraph/  claimed  it  as  an  invention.  These  young  gentlemen 
applied  to  Mr.  O’Rielly,  or  he  applied  to  them,  and  some  con¬ 
tract  was  made  between  the  parties,  for  the  use  of  this  Colum¬ 
bian  Telegraph,  and  Mr.  O’Rielly  commenced  the  construction 
of  posts  and  wires  from  Louisville  to  Nashville,  and  in  the  month 
of  May  had  gotten  his  Telegraph  in  operation.” 

COMPARISON  OF  THE  TELEGRAPHS. 

“  1.  The  Main  Circuit,  with  its  Battery. 

11  2.  The  Key,  with  its  Signal  Lever  or  Correspondent. 

“  These  parts  of  the  two  Telegraphs  are  identical ;  no  diver¬ 
sity  was  pointed  out,  except  that  whilst  the  helices  on  the  horse¬ 
shoe  magnet  of  Mr.  Morse,  which  is  constituted  of  the  windings 
of  the  small  wire,  are  fixed,  this  Magnet,  in  the  Columbian  Te¬ 
legraph,  is  movable,  and  by  its  motion  to  and  fro,  when  charged 
and  discharged ,  instead  of  by  attracting  other  things  to  it,  per¬ 
forms  its  office. 

“3.  The  Local  Circuits,  with  their  Batteries. 

u  The  defendants  have  two  batteries  similar  to  the  one  of  Mr. 
Morse,  and  two  circuits  of  conductors  in  all  respects  similar  to 
his,  until  we  come  to  those  which  are  instruments,  or  parts  of 
the  instruments  of  operation,  and  it  is  to  these  the  attention  is 
to  be  now  applied. 

“  One  of  the  conductors  of  Mr.  Morse’s  office  circuit,  it  will 
be  recollected,  is  a  perpendicular  movable  lever,  and  it  is  the 
movement  of  this  lever  into  contact  with  the  platina  point  of  a 
screw,  caused  by  the  attraction  of  the  armature  on  it,  to  the 
Electro-Magnet  when  charged  by  the  opening  of  the  main  cir¬ 
cuit  by  its  signal  lever,  that  the  office  circuit  was  opened  and 
the  register  made  to  act  and  record  the  intelligence.  Now,  in 
the  stead  of  such  a  lever,  the  defendants  have  this  device  to 
open  and  close  alternately  their  two  circuits,  and  thereby  work 
their  register. 

MUTATOR  OF  THE  COLUMBIAN  TELEGRAPH. 

u  The  Receiver,  or  Mutator,  as  it  is  called  by  Messrs.  Barnes 
and  Zook,  is  thus  described  by  one  of  the  inventors  of  this  Te¬ 
legraph,  who  was  examined  upon  the  hearing,  in  explanation  of 
its  several  instruments  and  their  operation  : — 

a  t  is  a  thin  U-shaped  piece  of  soft  iron  suspended  upon 

an  arm  attached  to  a  cross-bar  with  pivots,  so  placed  that  its 
extremes  approximate  to  the  poles  of  a  permanent  Magnet. 

“  1  About  each  leg  of  the  soft  iron  is  placed  a  brass  spool  filled 
with  small  insulated  wires,  the  iron  being  left  free  to  move 
within  the  spools. 


118 


shaffner’s  telegraph  companion. 


11 1  At  the  curve  of  the  soft  iron  is  placed  a  spring,  so  arranged 
as  to  have  a  tendency  to  draw  the  iron  from  the  Magnet. 

“  1  In  the  absence  of  the  Electric  current,  the  magnetism  of 
the  permanent  Magnet  induces  magnetism  of  opposite  polarity 
in  the  soft  iron,  and  holds  it  firmly. 

“  ‘A  current  of  Electricity  being  passed  through  the  wire  in 
such  a  manner  as  to  induce  in  the  iron  magnetism  of  a  similar 
polarity  with  that  of  the  permanent  Magnet,  the  iron  is  in  a 
measure  released  from  the  power  of  the  permanent  Magnet,  and 
is  drawn  away  by  the  force  of  the  spring ;  and  upon  with¬ 
drawing  the  Electric  current,  the  reverse  motion  is  obtained 
from  the  force  of  the  permanent  Magnet  alone  that  overcomes 
the  power  of  the  spring. 

“  ‘  The  motion  so  obtained  renders  it  possible  to  connect  the 
poles  of  two  resident  or  local  batteries,  the  currents  of  which 
run  in  opposite  directions.’  Now, 

“  The  two  spools,  or  helices,  formed  of  the  small  wire  of  the 
main  circuit  wound  on  two  legs  of  this  U-shaped  bar  of  soft 
iron,  correspond  to  the  two  helices  and  horse-shoe  Magnet  men¬ 
tioned  in  the  description  of  Mr.  Morse’s  Receiving  Magnet. 

“  But  this  Magnet,  instead  of  being  fixed  as  that  of  Mr. 
Morse,  is  so  suspended  as  to  move  with  facility  to  and  fro  within 
the  helices. 

“  On  this  bar,  between  the  two  helices  or  spools,  there  is  fixed 
an  upright  bar,  which  extends  up  between  two  points  of  metal. 
We  will  return  to  these  points  of  metal  presently. 

“  Opposite  the  other  ends  of  this  bar,  and  which  correspond 
to  the  heels  of  the  horse-shoe,  there  is  placed  a  fixed  Magnet. 

“  When  the  main  circuit  is  interrupted,  and  the  instrument  is 
at  rest,  this  upright  bar,  which  is  in  fact  an  arm  of  the  Electro- 
Magnet,  rests  against  one  of  the  points  of  metal,  and  keeps  one 
of  the  office  circuits  closed,  whilst  the  other  is  broken. 

“  When  the  main  circuit  is  open,  and  thereby  this  horse-shoe 
magnetized,  it  is  impelled  towards  the  fixed  Magnet.  This  mo¬ 
tion  at  once  brings  the  upright  bar,  an  arm  of  the  Magnet,  from 
contact  with  the  point  of  metal  against  which  we  said  it  rested, 
(when  the  local  circuit  with  which  it  is  connected  is  broken,) 
and  brings  it  into  contact  with  the  opposite  point  of  metal  con¬ 
nected  with  the  other  circuit,  whereby  it  is  opened. 

“  The  main  circuit  being  then  broken,  and  the  horse-shoe  no 
longer  a  Magnet,  a  spring  brings  it  back  to  its  former  position, 
ready  to  act  again,  by  being  again  magnetized  by  the  reopening 
of  the  main  circuit.  *  *  *  * 

u  But  in  what  are  the  two  instruments  identical  ? 

u  Each  is  worked  by  the  motive  power  of  the  Electro-Magnet, 
and  the  mechanical  power  of  the  spring.  The  action  of  each, 
one  way,  is  caused  by  the  charging  of  the  Magnet,  and  on  the 


MORSE  AMERICAN  TELEGRAPH  PATENTS. 


119 


Magnet  being  discharged,  each  is  brought  back  to  its  position 
by  the  mechanical  action  of  the  spring.  And, 

“  The  operations  of  each  are  according  to  the  will  of  the  cor¬ 
respondent  upon  his  lever,  in  the  distant  office,  and  each  pro¬ 
duces  the  same  corresponding  action  in  the  Pen  of  the  Eegister 
which  indents  the  intelligence  dispatched. 

u  They  both  effect  this  great  end  first  accomplished  by  Mr. 
Morse  in  his  discovery  of  the  practicability  of  combining  the 
circuits  of  Electricity,  by  which  the  extent  of  the  operations  by 
the  Electro-Magnetic  Telegraph  is  left  circumscribed  only  by 
what  may  render  impracticable  the  connecting  of  the  necessary 
conductors  of  what  constitutes  the  motive  power  of  the  instru¬ 
ment. 

“It  is  concluded  that  the  instrument  called  the  Mutator  of 
'  the  Columbian  Telegraph,  in  its  combination  therewith,  is  sub¬ 

stantially  the  same  with  the  Receiving  Magnet,  in  its  combina¬ 
tion  with  the  Telegraph  of  Mr.  Morse ;  and  that  the  defendants, 
in  the  use  thereof,  committed  an  infringement  on  the  rights  of 
the  complainants,  whether  their  Register,  or  any  of  its  instru¬ 
ments,  are  within  the  description  of  the  corresponding  instru¬ 
ments  of  the  complainants  or  not. 

THE  COMPARISON  OF  THE  REGISTERS. 

u  The  description  of  the  Register  of  the  Columbian  Telegraph, 
with  its  instruments,  will  be  first  given,  in  the  words  of  one  of 
the  inventors,  who  explained  it  on  the  hearing,  after  which  we 
will  proceed  with  the  comparison. 

u  ‘  It  is  composed  of  a  train  of  clockwork,  for  moving  the  paper, 
and  the  apparatus  necessary  to  produce  the  desired  result,  viz. : 

“  ‘  Two  permanent  Magnets  are  so  placed,  that  their  opposite 
poles  approximate  to  each  other.  Between  the  poles  of  these 
Magnets,  a  soft  iron  bar  is  suspended  upon  a  carriage.  The 
iron  is  wrapped  with  number  18  to  20  wire,  insulated.  In  the 
absence  of  the  electrical  current,  this  bar  stands  at  a  point  of  in¬ 
difference,  being  attracted  to  neither  Magnet ;  but  in  closing  one 
of  the  local  circuits,  the  electrical  current  passes  one  direction 
through  the  wires  in  the  iron,  giving  it  polarity,  and  affinity  for 
one  permanent  Magnet,  while  it  is  at  the  same  time  repulsed  by 
the  other  ;  upon  interrupting  this,  and  closing  the  circuits  of  the 
other  local  battery,  the  current  flows  in  a  contrary  direction, 
giving  opposite  polarity  ;  and  reverse  motion  is  obtained,  t 
“  ‘  Attached  to  this  bar  is  an  arm,  at  the  extremity  of  which 
is  a  sharp  point,  so  placed  that  at  each  alternate  motion  of  the 
bar,  the  point  comes  in  contact  with  the  paper,  placed  before  and 
running  over  a  grooved  plate  in  such  a  manner  that  an  indenta¬ 
tion  is  made. 


120  shaffner’s  telegraph  companion. 

1  £  1  Alternate  dots  and  lines  of  these  indentations  form  a  sys¬ 
tem  of  arbitrary  signs,  representing  the  alphabet  and  numerals ; 
the  whole  rendering  it  possible  to  make  an  instantaneous  com¬ 
munication  at  a  distance.5 

“Now,  we  have  here,  in  the  first  place,  the  motive  power  of 
the  electro-magnet  of  the  Register  of  Mr.  Morse ;  and  if  no 
more  was  said,  there  would  seem  to  be,  in  this  respect,  an 
identity. 

“  But  it  was  argued  for  the  defendants,  that  here,  in  the  Co¬ 
lumbian  instrument,  the  repulsive  as  well  as  the  attractive  power 
is  employed.  Suppose  it  is,  still  the  attractive  power  is  used, 
and  it  cannot  be  maintained  that  the  addition  of  another  power, 
without  any  other  change,  constitutes  a  difference  which  will 
give  to  any  one,  making  such  addition,  the  right  to  employ  the 
formerly  invented  instrument.  He  may,  as  before  said,  have 
his  patent  for  this  improvement,  or  he  may  use  it  without  a  pa¬ 
tent,  but  he  cannot  in  that  mode  acquire  the  right  to  use  the 
original. 

“But  is  there  any  difference  between  these  two  powers  of  the 
Magnet  ?  It  is  wholly  unnecessary  to  inquire  and  ascertain  to 
what  purposes  these  things  are  different,  or  to  what  intents  they 
are  one  and  the  same  ;  or  in  what  sense  the  terms,  identical  and 
different,  may  be  applied  to  them ;  we  are  concerned  only 
with  the  settling  the  signification  of  words  in  order  to  apply  the 
patent  laws.  And, 

“  It  is  apprehended  that  when  an  exclusive  right  has  been 
granted  to  the  use  of  an  instrument  worked  by  the  attractive 
power  of  the  Magnet,  the  working  such  an  instrument  by  its  re¬ 
pulsive  power  would  be  an  infringement ;  and  that  the  proposi¬ 
tion  is  so  obviously  true,  that  it  would  be  useless  to  look  after 
plainer  propositions  from  which  to  prove  it ;  and  it  follows  from 
this  conclusion,  that  this  diversity  between  the  mode  of  work¬ 
ing  the  two  instruments  cannot,  of  itself,  avail  the  defendants. 

“  But  it  was  insisted  that  the  machinery,  as  it  may  be  called, 
of  this  Magnet,  and  its  operations,  are  different.  And  so  they 
are  in  some  respects.  There  is  here  much  additional  machinery, 
and  this  instrument  has  some  operations  which  the  other  has 
not. 

“  By  this  machinery  the  changes  in  polarity  of  the  Magnet  are 
effected,  and  thereby  its  repulsive  as  well  as  attractive  power  is 
employed,  by  which  its  alternate  action  is  produced,  which  ac¬ 
complishes  the  result.  But  how  does  this  happen  ? 

“  In  order  to  employ  this  repulsive  power,  it  became  neces¬ 
sary  to  invent  a  contrivance  to  effect  changes  in  the  polarity  of 
the  Magnet ;  and  to  effect  this,  the  two  permanent  Magnets  are 
introduced,  the  two  local  circuits  are  added,  and  the  alterations 
already  mentioned  were  made  in  the  Receiver  of  Mr.  Morse ; 


MORSE  AMERICAN  TELEGRAPH  PATENTS. 


121 


and  because  these  things  had  been  done,  it  was  contended  that 
the  instrument  ought  to  be  considered  and  adjudged  substan¬ 
tially  different. 

“  The  machinery  was  necessary  to  effect  the  changes  in  the 
polarity  of  the  Magnet,  in  order  to  bring  into  action  the  repul¬ 
sive  power,  in  addition  to  the  attractive ;  but  the  employment 
of  repulsion  produces  no  substantial  diversity,  and  yet  the  argu¬ 
ment  is,  the  machinery  itself  shall  constitute  an  essential 
diversity. 

“  The  attractive  power  of  the  Electro-Magnet  is  altogether 
sufficient  to  work  any  Telegraphic  Register.  The  permanent 
Magnets  are  necessary  only  to  employ  the  repulsive  power,  and 
that  is  useless ;  and  if  used,  would  not  help  the  defendants  to 
escape  the  charge  of  infringement;  therefore,  let  them  be  re¬ 
moved,  and  all  this  machinery  is  at  once  wholly  unnecessary. 
Let  it  be  cast  off,  and  the  corresponding  alterations  of  the  Re¬ 
ceiving  Magnet  are  rendered  equally  useless.  Now,  all  these 
useless  things  discarded,  we  have  nothing  left  but  the  simple  Re¬ 
ceiving  Magnet  of  the  patentee. 

“  One  of  the  alternate  motions  of  this  Columbian  Magnet  does 
draw  back  the  pen  after  it  has  made  an  indentation  upon  the 
paper,  and  holds  it  in  position  for  repetition  ;  but  this  is  accom¬ 
plished  by  Mr.  Morse  by  a  simple  spring,  and  it  was  not  pre¬ 
tended  that  all  this  machinery  and  repulsive  power  of  the 
Magnet  had  been  brought  into  action  for  any  such  purpose. 

u  The  grooved  rollers ,  in  combination  with  the  clockwork, 
seemed  to  have  been  used  by  the  defendants  for  some  time,  and 
without  disguise.  In  the  instrument  exhibited  here,  there  is  a 
third  cylinder  introduced,  over  which  the  paper  is  made  to  pass, 
by  the  action  of  the  two  rollers,  such  as  those  found  in  the  in¬ 
strument  of  Mr.  Morse.  This  is  only  an  addition,  which  can 
give  no  right  to  use  the  thing  to  which  it  is  added,  and  it  is  not 
supposed  that  it  constitutes  any  improvement. 

‘  ‘  The  Pen  Lever  is  the  next  thing.  It  was  in  proof  that, 
shortly  before  the  hearing  of  this  motion  commenced,  the  con¬ 
trivance  employed  was  somewhat  different. 

“  This  bar,  which  is  here  attached  to  the  Electro-Magnet,  on 
the  other  end  of  which  is  the  sharp  point  which  makes  the  in¬ 
dentations  of  intelligence  upon  the  paper,  was,  in  the  instrument 
then  employed,  made  fast  to  one  end  of  the  Pen  Lever,  which 
lever  was  bent  in  an  angle  somewhat  greater  than  a  right  angle, 
and  worked  upon  an  axis  or  fulcrum  at  the  angle ;  the  other 
end,  to  which  the  armature  was  made  fast,  descending  perpen¬ 
dicularly,  or  nearly  so,  from  the  fulcrum. 

“  The  vibration  of  the  armature,  to  and  fro,  carried  this  end 
of  the  pen  lever  with  it,  bringing  the  point,  fixed  in  the  other 


122  shaffner’s  telegraph  companion. 

end  of  tlie  lever,  in  contact  with  the  paper,  and  withdrawing  it 
alternately,  thus  writing  by  the  lever  motion. 

u  This  is  unimportant,  except  to  manifest  in  what  a  variety  of 
forms  every  instrument  in  this  Telegraph  may  be  constructed,  and 
to  show  how  industrious  and  ingenious  the  inventors  of  this  in¬ 
strument  of  the  defendants  have  been,  in  devising  modes  by 
which  to  obtain  the  benefit  of  the  discoveries  of  the  patentee, 
and  yet  evade  the  charge  of  an  infringement  of  his  rights. 

“  The  effort  here  has,  perhaps,  as  much  the  appearance  of  being 
successful  as  anywhere  else,  but  it  cannot  prevail. 

“  In  the  Register  of  the  patentee,  the  attraction  of  the  arma¬ 
ture  on  one  end  of  the  pen  lever,  downwards,  gives  an  upward 
action  to  the  other  end,  and  thereby  the  indentations  are  made 
upon  the  paper.  Here,  by  this  last  contrivance,  the  pen  lever  is 
made  a  part  of  the  magnet,  which,  by  its  vibration,  gives  the 
same  action  to  the  pen ;  and  such  a  difference  in  the  mode  of 
accomplishing  such  an  end,  can  be  regarded  as  no  better  than  a 
substitution  of  one  mechanical  contrivance  or  arrangement  for 
another,  which  can  succeed  only  when  such  arrangement  is  the 
very  essence  of  the  invention,  and  without  which  it  could  not  be 
said  anything  had  been  discovered.  *  *  *  * 

THE  COLUMBIAN  INFRINGES  ON  MORSE. 

“The  conclusion  is,  that  the  employment  of  the  Columbian 
Telegraph,  in  any  of  the  forms  which  it  appears  to  have  as¬ 
sumed,  would  have  been  an  infringement  of  the  rights  of  the 
complainants,  even  had  less  of  the  sameness  been  found  in  their 
several  parts.  And  this  disposes  of  the  question  of  infringement.” 

APPLICATION  FOR  INJUNCTION. 

This  judicial  examination  took  place  in  1848,  commencing  on 
the  24th  day  of  August,  and  terminating  on  the  9th  day  of  Sep¬ 
tember.  The  complainants  were  Messrs.  Morse,  Yail,  and 
Smith,  against  Henry  O’Rielly  and  others.  The  former  applied 
for  an  injunction  against  the  O’Rielly  or  People’s  Line,  extend¬ 
ing  south  of  Louisville.  After  the  most  tedious  examination  of 
the  questions  at  issue,  the  Honorable  Judge,  sitting  in  Chamber, 
gave  his  opinion,  fully  sustaining  the  Morse  Patents,  in  which 
was  embraced  the  preceding  descriptions  of  the  Columbian  Tele¬ 
graph,  and  he  closed  his  masterly  examination  by  entering  an 
order  of  injunction,  containing  the  following,  viz. : — 

INJUNCTION  AWARDED. 

“You,  Henry  O’Rielly,  Eugene  L.  Whitman,  and  W.  F.  B. 
Hastings,  are  therefore — as  by  the  order  of  our  said  J udge  in  the 
premises  is  directed — Enjoined  and  commanded,  that  you,  and 


MORSE  AMERICAN  TELEGRAPH  PATENTS. 


123 


each  of  you,  your  servants  and  agents,  do  henceforth  desist  and 
refrain  from  all  further  employment,  in  the  District  of  Kentucky, 
of  the  Electro-Magnetic  Telegraph  in  the  complainants’  hill  men¬ 
tioned  ;  which,  it  appears  by  the  proofs,  was,  by  you,  the  defen¬ 
dants,  lately  employed,  and ,  of  the  Telegraph  by  the  defendant, 
O’Rielly,  in  his  answer  mentioned,  which  is  by  you  called  ‘  The 
Columbian  Telegraph;’  and  which,  it  appeared,  you  proposed  to 
employ  hereafter — but  which  two  are  considered  here,  for  the 
purpose  of  this  matter,  as  one  and  the  same  Telegraph — in  the 
transmission  of  intelligence  from  one  place  to  another  distant 
place  by  making  thereat  a  legible  record  thereof:  and  from 
such  employment  for  such  purpose  of  any  other  Telegraph 
worked  by  the  motive  power  of  Electro-Magnetism,  and  consist¬ 
ing  of  combined  circuits  of  electricity,  connected  by  what  is  called, 
by  the  complainants,  the  Receiver ,  and  by  you,  the  defendants,  the 
Mutator ,  and  the  Register,  worked  by  Electro-Magnetism,  in 
whole  or  in  part,  or  in  any  combination  whatever,  within,  and 
in  violation  of  the  exclusive  rights,  as  here  determined,  granted 
by  letters  patent  to  the  complainant,  Samuel  F.  B.  Morse,  until 
the  further  order  of  the  Court,  or  until  the  effect  of  the  said 
order  of  our  Judge,  at  his  Chambers,  shall  have  expired.” 

INJUNCTION  PERPETUATED. 

At  the  fall  term  of  the  Circuit  Court,  the  following  order,  per¬ 
petuating  the  injunction,  was  entered  by  the  Honorable  Court : — 

“  It  ivas  ordered ,  that  the  injunction  granted  herein,  by  the  Dis¬ 
trict  Judge  at  his  Chambers,  be  continued,  until  the  further  order 
of  the  Court.” 

INJUNCTION  EVADED. 

Early  after  the  injunction  was  granted,  the  defendants  sought 
other  means  to  evade  the  Morse  Patents,  by  receiving  intelli¬ 
gence  by  sound.  Complaint  was  made  to  the  Judge,  and  writs 
for  the  arrest  of  the  parties  were  issued.  On  the  hearing,  the 
Judge  entered  the  following,  viz. : — 

“It  is  considered  by  the  Court ,  that  the  operations  of  the  Tele¬ 
graph  of  the  defendants,  O’Rielly  and  others,  in  the  writ  of  in¬ 
junction  mentioned,  by  the  said  Barnes,  in  the  transmission  of 
intelligence  from  the  city  of  Louisville,  within  the  District  of 
Kentucky,  to  Nashville,  without  the  District,  by  making  at  that 
place,  the  record  thereof  in  the  Telegraphic  characters  indented 
upon  the  paper,  off  which  it  was  put  into  the  manuscript  for  the 
correspondents,  was  a  palpable  violation  of  the  injunction  ;  and 
that  his  operation  of  the  same  Telegraph  in  receiving  intelligence 
from  Nashville  at  Louisville  in  and  by  the  sounds  made  by  the 
same  action  of  the  Telegraph,  which,  in  its  regular  operation, 
wo  aid  have  made  the  record  in  the  Telegraphic  characters  in 


124 


shaffner’s  telegraph  companion. 

dented  upon  the  paper,  and  therefrom  putting  the  same  into 
manuscript  for  the  correspondents,  was  a  mere  evasion  of  the  in¬ 
junction,  and  substantially  a  violation  thereof,  and  of  the  vested 
rights  of  the  complainants.” 


SECOND  EVASION  OF  INJUNCTION. 


Not  satisfied  with  the  order  in  the  above  case,  placing  the 
parties  under  bonds  for  contempt  of  Court,  the  defendant  sought 
another  mode  to  evade  the  patents  and  the  injunction.  Complaint 
was  made  to  the  Judge,  and  the  following  is  a  part  of  the  pro¬ 
ceedings  in  the  case,  viz. : — 

“  The  Court  stated  the  matter,  and  delivered  its  judgment 
in  case  of  the  attachment  against  Zook  and  Woolfolk. 


“  ‘  The  short  statement  of  the  case  is,  that  the  defendants,  after 
being  prohibited  the  employment  of  their  Telegraph  within  the 
District  of  Kentucky,  removed  the  instruments  of  their  office  to 
Jeffersonville,  without  the  District,  but  still  kept  their  posts  and 
wires  within  it,  and  with  their  Telegraph  so  situated,  partly 
within  the  District,  and  partly  without  it,  continued  their  pro¬ 
hibited  operations,  in  violation  of  the  injunction;  and  in  order 
to  still  have  the  benefit  of  the  transmission  of  intelligence  to  and 
from  Louisville,  established  a  post-office  in  the  city,  and  a  regu¬ 
lar  mail  from  it,  to  their  office  in  Jeffersonville,  in  violation  of 
the  prohibition  of  the  injunction  and  of  act  of  Congress,  prohi¬ 
biting  the  establishment  of  private  mails.  It  is  difficult  to  see 
how  any  person  could  have  imagined  that  the  law  or  judgment 
of  a  court  could  be  thus  evaded,  or  how  they  could  have  sup¬ 
posed  it  was  justifiable  to  adopt  such  means  of  accomplishing 
such  an  end. 

“  lIt  is  found ,  on  proofs,  that  S.  K.  Zook  was  the  superintendent 
of  the  line  of  Telegraphs  of  the  defendants  from  Louisville  to 
Nashville,  and  as  such  had  under  them  the  power  over  it,  and 
their  agents  employed  in  its  operations  ;  and  that  after  the  pro¬ 
ceeding  had  herein  against  Barnes,  and  the  defendants  had  ab¬ 


sented  themselves  from  the  District,  caused  the  line  of  wires  to 
be  extended  from  Louisville  to  Jeffersonville,  Indiana,  without 
the  District  of  Kentucky,  and  caused  the  instruments  of  the  Te¬ 
legraph  Office  in  Louisville,  the  use  whereof  the  defendants, 
O’Bielly  and  others,  had  been  prohibited,  by  this  injunction,  to 
be  removed  across  the  Ohio  to  that  place ;  and  thereupon,  as 
such  superintendent  caused  the  Telegraph  of  the  defendants, 
with  the  position  of  a  portion  of  the  instruments  so  changed,  to 
be  put  in  operation  and  conducted  in  a  mode  within  the  prohi¬ 
bitions  of  the  writ  of  injunction  against  his  principals. 

“  ‘  It  appears  that  the  same  office  of  the  defendants  in  Louis¬ 
ville  was  still  occupied,  and  that  all  communications  to  be  trans- 


MORSE  AMERICAN  TELEGRAPH  PATENTS. 


125 


mitted  thence  were  received  thereat,  and  thence  transferred  by 
the  carriers  and  servants  of  the  defendants  to  Jeffersonville, 
whence  they  were  accordingly  dispatched  on  this  Telegraph, 
so  situated,  in  part,  within  this  District ;  and  it  seems  to  the 
Court,  that  such  change  of  the  position  of  a  portion  of  the  in¬ 
struments  was  but  an  attempt  to  evade  the  injunction,  and  that 
such  operations  of  the  Telegraph,  with  the  instruments,  partly 
within  the  District,  the  use  whereof  within  it  had  been  prohibited 
by  the  injunction,  was  a  violation  thereof,  and  this  party,  S.  K. 
Zook,  is  guilty  of  the  contempt  wherewith  he  is  charged.  And, 

“  ‘  It  is  ordered ,  that  the  said  S.  K.  Zook,  for  his  offence  afore¬ 
said,  make  his  fine  to  the  United  States,  by  the  payment  of  the 
sum  of  two  hundred  and  fifty  dollars,  and  also  the  costs  in  this 
proceeding  expended,  and  that  he  stand  committed,  and  be  con¬ 
fined  in  the  jail  of  the  county  of  Franklin,  State  of  Kentucky, 
until  the  same  shall  have  been  paid,  or  he  shall  be  discharged 
by  due  course  of  law.’  ” 

The  same  order  of  Court  was  given  in  the  case  of  Mr.  Wool- 
folk,  and  both  placed  under  bonds.  They  were  released  from 
the  fine. 

THE  UNITED  STATES  MARSHAL  SEIZES  THE  LINE. 

The  repeated  efforts  of  the  defendants  to  evade  the  injunction, 
and  act  in  contempt  of  the  Court,  induced  the  entering  of  the 
following  order,  which  terminated  the  ability  of  the  parties  to 
abuse  the  privilege  given  them  to  take  charge  of  their  line  : — 

“  1  It  is  ordered ,  that  the  Marshal  be,  and  he  is  hereby  directed 
to  take  into  his  possession  such  parts  of  the  line  of  wires  and 
posts  of  the  Telegraph  of  the  defendants,  within  the  District  of 
Kentucky,  as  may  be  necessary  for  the  purpose  herein  presently 
expressed,  and  by  breaking  and  inter  ceiling  the  circuit  of  Electricity 
through  the  wires ,  stop  and  prevent  the  defendants  from  further  opera¬ 
tions  upon  their  Telegraph ,  within  the  District ,  in  any  mode  prohib¬ 
ited  by  the  injunction  herein  ;  but  in  doing  this  he  will  take  such 
possession  of  no  part  of  such  wires  or  posts  which  shall  not  be 
necessary  for  him  to  have  in  his  custody  to  effect  and  secure 
this  object,  but  will  leave  the  other  parts  thereof  in  possession, 
or  under  the  superintendence  of  the  defendants  or  their  agents, 
as  he  may  find  them  ;  and  that  he  so  hold  the  possession  of  such 
parts  of  the  Telegraph,  and  thereby  prevent  the  violation  of  the 
injunction  until  this  cause  shall  be  fully  heard,  or  the  further 
order  of  the  Court.’  ” 

The  Marshal  executed  this  order  of  the  Court,  and  thus  ended 
the  inventive  powers  of  evasion. 

APPEAL  TO  THE  SUPREME  COURT. 

It  was  upon  the  proceedings  above  recited  that  Mr.  O’Bielly 


126 


shaffner’s  telegraph  companion. 


appealed  to  the  Supreme  Court  of  tlie  United  States,  and  upon 
which,  the  annexed  decision  was  rendered  by  Chief  Justice 
Tanejr,  and  the  dissenting  opinion  by  Justice  Grier. 

THE  BAIN  CHEMICAL  TELEGRAPH. 

After  the  proceedings  in  the  District  Court  of  Kentucky  took 
place,  Mr.  O’Rielly  proposed  to  put  on  the  People’s  Line  afore¬ 
said  the  Bain  Chemical  Telegraph,  and  he  applied  to  the  Court 
for  possession  of  the  Line.  The  Morse  counsel  resisted  the  ap¬ 
plication,  contending  that  it  would  be  another  violation  of  the 
patents.  The  Court  decided  that  the  question  was  upon  its  vio¬ 
lation  of  the  injunction  granted.  The  decree  of  the  Court  was 
against  the  Columbian  Telegraph — an  Electro-Magnetic  Tele¬ 
graph — and  the  Bain  system  was  a  Chemical  Telegraph,  which 
was  not  considered  in  the  former  trial.  Whether  or  not  it  was 
a  violation  of  the  patents  of  Prof.  Morse,  could  only  be  ascer¬ 
tained  by  a  separate  action  thereon.  Such  was  the  opinion  of 
the  Honorable  Court.  The  Line  was  then  given  in  charge  of 
the  defendants,  they  giving  bond  and  security  not  to  put  on 
the  said  Line  any  instrument  infringing  the  patents  granted  to 
Morse. 

THE  FINALE  OF  THE  LINE. 

The  Line  was  then  worked  by  the  Bain  system.  Mr.  O’Kiellv 
having  made  an  assignment,  the  Line  was  placed  in  charge  of 
trustees,  and  ultimately  under  a  corporate  control.  With  the 
utmost  difficulty  it  was  continued  at  work,  each  year  increas¬ 
ing  its  debt,  until  June,  1852,  when  it  became  blended  in  man¬ 
agement  with  the  Morse  Line.  The  two  combined  cleared  about 
$30,000  for  the  year,  which  was  applied  in  the  payment  of  old 
debts.  June,  1853,  the  two  companies  consolidated  and  became 
one,  the  Morse  Company  taking  the  other  at  an  agreed  valua¬ 
tion,  assuming  the  debts,  amounting  to  some  $40,000  or  $45,000, 
the  combined  debt  being  about  $70,000.  Such  is  the  history 
of  these  two  Lines,  both  groaning  under  a  heavy  debt.  One 
good  Line  could  have  accumulated  handsome  gains.  Free  the 
present  Company  from  debt,  and  the  stock  will  pay  large  divi¬ 
dends.  It  is  not  with  pride  that  we  refer  to  these  reminiscences. 
To  all  it  is  a  sad  tale.  No  one  has  been  benefited,  but  it  has 
been  a  sip  of  gall  to  each  and  every  one  who  has  been  con¬ 
nected  with  the  cause  and  the  contest. 

VOTE  IN  THE  SUPREME  COURT. 

Before  closing  our  remarks  upon  this  question,  we  desire  to 
give  a  statement  of  the  case  in  the  Supreme  Court,  for  general 
information. 

The  opinion  of  the  Court  was  read  by  Chief  Justice  Taney, 


MORSE  AMERICAN  TELEGRAPH  PATENTS. 


127 


which,  was  concurred  in  by  Justices  McLean,  Catron,  and  Daniel. 
The  dissenting  opinion  was  read  by  Justice  Grier,  and  concurred 
in  by  Justices  Nelson  and  Wayne.  Justice  Curtis,  having  been 
a  Morse  counsel,  did  not  sit  in  the  case.  Justice  Campbell,  hay¬ 
ing  been  appointed  since  the  argument,  did  not  sit  in  the  case. 

CONCLUSION. 

We  close  this  article  by  giving  the  claims  of  the  Morse  patents. 
The  preceding  pages  give  the  history  of  the  controversy  as  briefly 
as  possible ;  also,  the  points  of  the  opinion  of  the  Court  below 
pertaining  to  the  Columbian  Telegraph,  the  efforts  to  evade  the 
solemn  decrees  of  the  judiciary,  and  the  finale  of  the  Line. 

In  making  reference  to  the  history  of  the  above  case,  we  have 
endeavored  to  avoid  exhibiting  any  personal  allusion  disrespect¬ 
ful  of  the  parties.  We  respect  them  all,  and  regret  the  existence 
of  past  and  present  troubles.  The  controversy  is  now  at  an 
end,  and  whatever  pride  or  mortification  either  or  any  of  us 
may  have  had,  we  hope  will  be  buried  forever,  and  our  future 
career  be  marked  with  well-directed  consideration  in  the  acquire¬ 
ment  of  food  to  eat  and  raiment  to  wear. 

PATENT  1840 — RE-ISSUED  1848. 

u  1  Be  it  known  that  I,  Samuel  F.  B.  Morse,  now  of  *  *  * 

the  State  of  New- York,  have  invented  a  new  and  useful  appa¬ 
ratus  for,  and  a  system  of  transmitting  intelligence  between  dis¬ 
tant  points  by  means  of  Electro-Magnetism,  which  puts  in  motion 
machinery  for  producing  sounds  or  signs ,  and  recording  said  signs 
upon  paper  or  other  suitable  material,  which  invention  I  denom¬ 
inate  the  American  Electro-Magnetic  Telegraph,  and  that  the  fol¬ 
lowing  is  a  full,  clear,  and  exact  description  of  the  principle  or 
character  thereof,  which  distinguishes  it  from  all  other  Tele¬ 
graphs  previously  known ;  and  of  the  manner  of  making  and 
constructing  said  apparatus,  and  of  applying  said  system,  reference 
being  had  to  the  accompanying  drawing,  making  part  of  this 
specification.  *  *  *  *  * 

CLAIMS. 

“  £  First.  Having  thus  fully  described  my  invention,  I  wish  it 
to  be  understood  that  I  do  not  claim  the  use  of  the  Galvanic 
current,  or  current  of  Electricity,  for  the  purpose  of  Telegraphic 
communications  generally ;  but  what  I  specially  claim  as  my 
invention  and  improvement,  is  making  use  of  the  motive  power 
of  Magnetism,  when  developed  by  the  action  of  such  current  or 
currents,  substantially  as  set  forth  in  the  foregoing  description 
of  the  first  principal  part  of  my  invention,  as  means  of  operating 
or  giving  motion  to  machinery,  which  may  be  used  to  imprint 
signals  upon  paper  or  other  suitable  material,  or  to  produce 


128 


shaffner’s  telegraph  companion. 

sounds  in  any  desired  manner,  for  the  purpose  of  Telegraphic 
communication  at  any  distances. 

“  ‘  The  only  ways  in  which  the  Galvanic  currents  had  been  pro¬ 
posed  to  be  used,  prior  to  my  invention  and  improvement,  were 
by  bubbles  resulting  from  decomposition,  and  the  action  or  exer¬ 
cise  of  electrical  power  upon  a  magnetized  bar  or  needle  ;  and 
the  bubbles  and  deflections  of  the  needles,  thus  produced,  were 
the  subjects  of  inspection,  and  had  no  power,  or  were  not  ap¬ 
plied  to  record  the  communication.  I  therefore  characterize  my 
invention  as  the  first  recording  or  printing  Telegraph  by 
means  of  Electro -Magnetism. 

“  ‘  There  are  various  known  modes  of  producing  motion  by 
Electro-Magnetism,  but  none  of  these  had  been  applied  prior  to 
my  invention  and  improvement,  to  actuate  or  give  motion  to 
printing  or  recording  machinery ,  which  is  the  chief  point  of 
my  invention  and  improvement. 

11 1  Second.  I  also  claim  as  my  invention  and  improvement 
the  employment  of  the  machinery  called  the  Register  or  Record¬ 
ing  Instrument,  composed  of  the  train  of  clock  wheels,  cylinders 
and  other  apparatus,  or  their  equivalent,  for  moving  the  ma¬ 
terial  upon  which  the  characters  are  to  be  imprinted,  and  for  im¬ 
printing  said  characters,  substantially  as  set  forth  in  the  fore¬ 
going  description  of  the  second  principal  part  of  my  invention. 

“  £  Third.  I  also  claim  as  my  invention  and  improvement,  the 
combination  of  machinery  herein  described,  consisting  of  the 
generator  of  Electricity,  the  circuit  of  conductors,  the  contri¬ 
vance  for  closing  and  breaking  the  circuit,  the  Electro-Magnet, 
the  pen  or  contrivance  for  marking,  and  the  machinery  for  sus¬ 
taining  and  moving  the  paper,  altogether  constituting  one 
apparatus  or  Telegraphic  machine,  which  I  denominate  the 
American  Electro- Magnetic  Telegraph. 

“  £  Fourthly.  I  also  claim  as  my  invention  the  combination  of 
two  or  more  Galvanic  or  Electric  circuits,  with  independent  bat¬ 
teries,  substantially  by  the  means  herein  described,  for  the  pur¬ 
pose  of  obviating  the  diminished  force  of  Electro-Magnetism  in 
long  circuits,  and  enabling  me  to  command  sufficient  power  to 
put  in  motion  Registering  or  Recording  machinery  at  any  dis¬ 
tances. 

“  £  Fifthly.  I  claim,  as  my  invention,  the  system  of  signs,  con¬ 
sisting  of  clots  and  spaces,  and  of  dots,  spaces  and  horizontal 
lines,  for  numerals,  letters,  words,  or  sentences,  substantially  as 
herein  set  forth  and  illustrated,  for  Telegraphic  purposes. 

££  £  Sixth.  I  also  claim,  as  my  invention,  the  system  of  signs, 
consisting  of  dots  and  spaces,  and  of  dots,  spaces,  and  horizon¬ 
tal  lines,  substantially  as  herein  set  forth  and  illustrated,  in  com¬ 
bination  with  machinery  for  recording  them,  as  signals  for 
Telegraphic  purposes. 


MORSE  AMERICAN  TELEGRAPH  PATENTS. 


129 


“  ‘  Seventh.  I  also  claim,  as  my  invention,  the  types,  or  their 
equivalent,  and  the  Type  Rule  and  port  rule,  in  combination 
with  the  signal  lever  or  its  equivalent,  as  herein  described,  for 
the  purpose  of  breaking  and  closing  the  circuit  of  Galvanic  or 
Electric  conductors. 

u  1  Eighth.  I  do  not  propose  to  limit  myself  to  the  specific  machi¬ 
nery ,  or  parts  of  machinery ,  described  in  the  foregoing  specifications 
and  claims :  the  essence  of  my  invention  being  the  use  of  the  motive 
power  of  the  Electric  or  Galvanic  current ,  which  I  call  Electro-Mag¬ 
netism,  however  developed ,  for  marking  or  printing  intelligible  char¬ 
acters ,  letters ,  or  signs ,  at  any  distances ,  being  a  new  application  of 
that  power,  of  which  I  claim  to  be  the  first  inventor  or  discoverer  l  ” 

PATENT  1846 — RE-ISSUED  1848. 

a  This  patent  is  the  reissue  of  the  patent  of  April,  1846,  and  is 
for  a  new  and  useful  improvement  in  1  Electro- Magnetic  Tele¬ 
graphs.1  It  grants  the  exclusive  use  to  the  patentee  for  the  term 
of  fourteen  years  from  the  eleventh  day  of  April,  1846,  *  *  * 


OBJECT  OF  THE  INVENTION. 


“  £  The  original  and  final  object  of  all  Telegraphing  is  the  com¬ 
munication  of  intelligence  at  a  distance  by  signs  or  signals. 

“  ‘  Various  modes  of  Telegraphing,  or  making  signs  or  signals 
at  a  distance,  have  for  ages  been  in  use.  The  signs  employed 
heretofore  have  had  one  quality  in  common.  They  are  evanes¬ 
cent — shown  or  heard  a  moment,  and  leaving  no  trace  of  their 
having  existed.  1  The  various  modes  of  these  evanescent  signs 
have  been  by  beacon  fires  of  different  characters,  by  flags,  by  balls, 
by  reports  of  fire-arms,  by  bells  heard  from  a  distant  position,  by 
movable  arms  from  posts,  Sc. 

11 1 I  do  not,  therefore,  claim  to  be  the  inventor  of  Telegraphs 
generally.  The  Electric  Telegraph  is  a  more  recent  kind  of  Tele- 
gragh,  proposed  within  the  last  century,  but  no  practical  plan 
was  devised  until  about  sixteen  years  ago.  Its  distinguishing 
feature  is  the  employment  of  Electricity  to  effect  the  same  gen¬ 
eral  result  of  communicating  intelligence  at  a  distance  by  signs 
or  signals. 

“  ‘  The  various  modes  of  accomplishing  this  end  by  Electricit}r 
have  been  : — 

“  1  The  employment  of  common  or  machine  Electricity  as  early 
as  1787,  to  show  an  evanescent  sign  by  the  divergence  of  pith- 
balls. 

11 1  The  employment  of  common  or  machine  Electricity  in  1794, 
to  show  an  evanescent  sign  by  the  Electric  spark. 

“  1  The  employment  of  Voltaic  Electricity  in  1809,  to  show  an 
VOL.  i. — no.  in.  2 


130 


shaffner’s  telegraph  companion. 


evanescent  sign  by  the  evolution  of  gas-bubbles,  decomposed  from 
solution  in-  a  vessel  of  transparent  glass. 

“  ‘  The  employment  of  Voltaic  Electricity  in  the  production  of 
temporary  Magnetism  in  1820,  to  show  an  evanescent  sign  by 
deflecting  a  magnet  or  compass-needle. 

“  ‘  The  result  contemplated  from  all  these  Electric  Telegraphs 
was  the  production  of  evanescent  signs  or  signals  only. 

u  ‘  I  do  not,  therefore,  claim  to  have  first  applied  Electricity  to 
Telegraphing  for  the  purpose  of  showing  evanescent  signs  or 
signals. 

“  ‘  The  original  and  final  object  of  my  Telegraph  is,  to  imprint 
characters  at  any  distance  as  signals  for  intelligence  ;  its  object  is  to 
mark  or  impress  them  in  a  permanent  manner. 

“  1  To  obtain  this  end,  I  have  applied  Electricity  in  two  dis¬ 
tinct  ways.  1st.  I  have  applied,  by  a  novel  process,  the  motive 
power  of  Electro- Magnetism,  or  Magnetism  produced  by  Electricity , 
to  operate  machinery  for  printing  signals  at  any  distance.  2dly. 
I  have  applied  the  chemical  effects  of  Electricity  to  print  signals 
at  any  distance.  ***** 

CLAIMS. 

“  ‘  First.  What  I  claim  as  my  invention,  and  desire  to  secure 
by  letters  patent,  is  the  employment,  in  a  main  Telegraphic  cir¬ 
cuit,  of  a  device  or  contrivance  called  the  Receiving  Magnet,  in 
combination  with  a  short  local  independent  circuit  or  circuits, 
each  having  a  Register  and  Register  Magnet,  or  other  Magnetic 
contrivances  for  registering,  and  sustaining  such  a  relation  to 
the  Register  Magnet,  or  other  Magnetic  contrivances  for  regis¬ 
tering,  and  to  the  length  of  circuit  of  Telegrajohic  line,  as  will 
enable  me  to  obtain  with  the  aid  of  a  Galvanic  battery  and  main 
circuit,  and  the  intervention  of  a  local  battery  and  local  circuit, 
such  motion  or  power  for  registering  as  could  not  be  obtained 
otherwise  without  the  use  of  a  much  larger  Galvanic  battery,  if 
at  all. 

“  1  Second.  I  also  claim  as  my  invention,  the  combination  of 
the  apparatus  called  the  self-stopping  apparatus ,  connected  with 
the  clockwork  by  the  Register,  for  setting  said  Register  in  ac¬ 
tion,  and  stopping  it  with  the  Pen  Lever  F,  as  herein  described. 

“  ‘  Third.  I  also  claim  as  my  invention,  the  combination  of 
the  point  or  points  of  the  pen  and  pen  lever,  or  its  equivalent, 
with  the  grooved  roller,  or  other  equivalent  device,  over  which 
the  paper,  or  other  material  suitable  for  marking  upon,  may  be 
made  to  pass  for  the  purpose  of  receiving  the  impression  of  the 
characters ;  by  which  means  I  am  enabled  to  mark  or  print 
signs  or  signals  upon  paper  or  other  fabric,  by  indentation,  thus 
dispensing  with  the  use  of  coloring  matter  for  marking,  as  spe¬ 
cified  in  my  letters  patent,  of  January  15th,  1846.’  ” 


131 


CHIEF  JUSTICE  TANEY’S  OPINION. 


Art.  II. — DECISION  OF  SUPREME  COURT  OF  THE  UNITED  STATES. 

Samuel  F.  B.  Morse  vs.  Henry  O’Rielly. 

I 

This  was  an  Appeal  from  the  District  Court  of  Kentucky ,  wherein 
Morse  was  granted  an  Injunction  against  O' Kelly,  for  an  In¬ 
fringement  of  the  Morse  Patents ,  by  the  use  of  the  Columbian 
Telegraph.  The  Supreme  Court  perpetuates  that  Injunction. 

Counsel  for  Morse.  Counsel  for  CRielly. 

George  Gifford,  Solomon  P.  Chase, 

St.  Geo.  T.  Campbell,  R.  H.  Gillett. 

George  Harding. 

DECISION  WAS  RENDERED  JAN.  30TH,  1854. 

6 

December  Term ,  1853. 

Henry  O’Rielly,  Eugene  L.  Whitman,  and  W.  F.  B.  Has¬ 
tings,  Appellants,  versus  Samuel  F.  B.  Morse,  Alfred 
Vail,  and  Francis  0.  J.  Smith,  Appellees. 

Appeal  from  the  Circuit  Court  of  the  United  States  for  the  District 

of  Kentucky. 

Chief  Justice  Taney  delivered  the  opinion,  which  was  con¬ 
curred  in  by  Justices  Daniel,  Catron,  and  McLean. 

In  proceeding  to  pronounce  judgment  in  this  case,  the  Court 
is  sensible,  not  only  of  its  importance,  but  of  the  difficulties  in 
some  of  the  questions  which  it  presents  for  decision.  The  case 
was  argued  at  the  last  Term,  and  continued  over  by  the  Court 
for  the  purpose  of  giving  it  a  more  deliberate  examination. 
And  since  the  continuance,  we  have  received  from  the  counsel 
on  both  sides  printed  arguments,  in  which  all  of  the  questions 
raised  on  the  trial  have  been  fully  and  elaborately  discussed. 

The  appellants  take  three  grounds  of  defence :  In  the  first 
place,  they  deny  that  Professor  Morse  was  the  first  and  original 
inventor  of  the  Electro-Magnetic  Telegraphs,  described  in  his 
two  reissued  patents  of  1848.  Secondly,  they  insist  that  if  he 
was  the  original  inventor,  the  patents  under  which  he  claims 
have  not  been  issued  conformably  to  the  acts  of  Congress,  and 
do  not  confer  on  him  the  right  to  the  exclusive  use.  And 
thirdly,  if  these  two  propositions  are  decided  against  them,  they 
insist  that  the  Telegraph  of  O’Rielly  is  substantially  different 


132 


shaffner’s  telegraph  companion. 


from  that  of  Professor  Morse,  and  the  use  of  it,  therefore,  no  in¬ 
fringement  of  his  rights. 

In  determining  these  questions,  we  shall,  in  the  first  instance, 
confine  our  attention  to  the  patent  which  Professor  Morse  ob¬ 
tained  in  1810,  and  which  was  reissued  in  1848.  The  main  dis¬ 
pute  between  the  parties  is  upon  the  validity  of  this  patent ; 
and  the  decision  upon  it  will  dispose  of  the  chief  points  in  con¬ 
troversy  in  the  other. 

In  relation  to  the  first  point,  (the  originality  of  the  invention,) 
many  witnesses  have  been  examined  on  both  sides. 

It  is  obvious  that,  for  some  years  before  Professor  Morse  made 
his  invention,  scientific  men  in  different  parts  of  Europe  were 
earnestly  engaged  in  the  same  pursuit.  Electro-Magnetism  itself 
was  a  recent  discovery,  and  opened  to  them  a  new  and  unex¬ 
plored  field  for  their  labors,  and  minds  of  a  high  order  were 
engaged  in  developing  its  power,  and  the  purposes  to  which  it 
might  be  applied. 

Professor  Henry,  of  the  Smithsonian  Institute,  states  in  his 
testimony,  that  prior  to  the  winter  of  1819-20,  an  Electro-Mag¬ 
netic  Telegraph — that  is  to  say,  a  Telegraph  operating  by  the 
combined  influence  of  electricity  and  magnetism — was  not  pos¬ 
sible  ;  that  the  scientific  principles  on  which  it  is  founded  were 
until  then  unknown  ;  and  that  the  first  fact  of  Electro-Magnet¬ 
ism  was  discovered  by  Oersted,  of  Copenhagen,  in  that  winter, 
and  was  widely  published,  and  the  account  everywhere  received 
with  interest. 

He  also  gives  an  account  of  the  various  discoveries  subse¬ 
quently  made  from  time  to  time,  by  different  persons  in  different 
places,  developing  its  properties  and  powers  ;  and  among  them 
his  own.  He  commenced  his  researches  in  1828,  and  pursued 
them  with  ardor  and  success  from  that  time  until  the  Telegraph 
of  Professor  Morse  was  established  and  in  actual  operation. 
And  it  is  due  to  him  to  say  that  no  one  has  contributed  more 
to  enlarge  the  knowledge  of  Electro-Magnetism,  and  to  lay  the 
foundations  of  the  great  invention  of  which  we  are  speaking, 
than  the  professor  himself. 

It  is  unnecessary,  however,  to  give  in  detail  the  discoveries 
enumerated  by  him — either  his  own,  or  those  of  others.  But  it 
appears  from  his  testimony,  that  very  soon  after  the  discovery 
made  by  Oersted,  it  was  believed  by  men  of  science  that  this 
newly-discovered  power  might  be  used  to  communicate  intelli¬ 
gence  to  distant  places.  And  before  the  year  1823,  Ampere,  of 
Paris,  one  of  the  most  successful  cultivators  of  physical  science, 
proposed  to  the  French  Academy  a  plan  for  that  purpose.  But 
his  project  was  never  reduced  to  practice.  And  the  discovery 
made  by  Barlow,  of  the  Royal  Military  Academy  at  Woolwich, 
England,  in  1825,  that  the  galvanic  current  greatly  diminished 


CHIEF  JUSTICE  TANEY’S  OPINION.  133 

in  power  as  the  distance  increased,  pnt  at  rest  for  a  time  all  at¬ 
tempts  to  construct  an  Electro-Magnetic  Telegraph.  Subsequent 
discoveries,  however,  revived  the  hope ;  and  in  the  year  1832, 
when  Professor  Morse  appears  to  have  devoted  himself  to  the 
subject,  the  conviction  was  general  among  men  of  science  every¬ 
where,  that  the  object  could,  and,  sooner  or  later,  would  be 
accomplished. 

The  great  difficulty  in  their  way  was  the  fact  that  the  galvanic 
current,  however  strong  in  the  beginning,  became  gradually 
weaker  as  it  advanced  on  the  wire ;  and  was  not  strong  enough 
to  produce  a  mechanical  effect  after  a  certain  distance  had  been 
traversed.  But  encouraged  by  the  discoveries  which  were  made 
from  time  to  time,  and  strong  in  the  belief  that  an  Electro-Mag¬ 
netic  Telegraph  was  practicable,  many  eminent  and  scientific 
men  in  Europe,  as  well  as  in  this  country,  became  deeply  en¬ 
gaged  in  endeavoring  to  surmount  what  appeared  to  be  the  chief 
obstacle  to  its  success.  And  in  this  state  of  things,  it  ought  not 
to  be  a  matter  of  surprise,  that  four  different  Magnetic  Tele¬ 
graphs,  purporting  to  have  overcome  the  difficulty,  should  be 
invented,  and  made  public  so  nearly  at  the  same  time  that  each 
has  claimed  a  priority  ;  and  that  a  close  and  careful  scrutiny  of 
the  facts  in  each  case  is  necessary  to  decide  between  them.  The 
inventions  were  so  nearly  simultaneous,  that  neither  inventor 
can  be  justly  accused  of  having  derived  any  aid  from  the  dis¬ 
coveries  of  the  other. 

One  of  these  inventors,  Doctor  Steinheil,  of  Munich,  in  Ger¬ 
many,  communicated  his  discovery  to  the  Academy  of  Science 
in  Paris,  on  the  19th  of  July,  1838,  and  states  in  his  communi¬ 
cation  that  it  had  been  in  operation  more  than  a  year. 

..  Another  of  the  European  inventors,  Professor  Wheatstone, 
of  London,  in  the  month  of  April,  1837,  explained  to  Professors 
Henry  and  Bache,  who  were  then  in  London,  his  plan  of  an 
Electro-Magnetic  Telegraph,  and  exhibited  to  them  his  method 
of  bringing  into  action  a  second  galvanic  circuit  in  order  to  pro¬ 
vide  a  remedy  for  the  diminution  of  force  in  a  long  circuit ; 
but  it  appears  by  the  testimony  of  Professor  Gale,  that  uu3  patent 
to  Wheatstone  &  Cooke  was  not  sealed  until  January  21,  1840, 
and  their  specification  was  not  filed  until  the  21st  of  July,  in 
the  same  year ;  and  there  is  no  evidence  that  any  description  of 
it  was  published  before  1839. 

The  remaining  European  patent  is  that  of  Edward  Davy. 
His  patent,  it  appears,  was  sealed  on  the  4th  of  July,  1838,  but 
his  specification  was  not  filed  until  January  4,  1839  ;  and  when 
these  two  English  patents  are  brought  into  competition  with 
that  of  Morse,  they  must  take  date  from  the  time  of  filing  their 
respective  specifications.  For  it  must  be  borne  in  mind  that,  as 
the  law  then  stood  in  England,  the  inventor  was  allowed  six 


134  shaffner’s  telegraph  companion. 

months  to  file  the  description  of  his  in  vention  after  his  patent 
was  sealed,  while,  in  this  country,  the  filing  of  the  specification 
is  simultaneous  with  the  application  for  patents. 

The  defendants  contend  that  all,  or  at  least  some  one  of  these 
European  Telegraphs,  were  invented  and  made  public  before 
the  discovery  claimed  by  Morse ;  and  that  the  process  and 
method  by  which  he  conveys  intelligence  to  a  distance  is  sub¬ 
stantially  the  same,  with  the  exception  only  of  its  capacity  for 
impressing  upon  paper  the  marks  or  signs  described  in  the  al¬ 
phabet  he  invented. 

Waiving,  for  the  present,  any  remarks  upon  the  identity  or 
similitude  of  these  inventions,  the  Court  is  of  opinion  that  the 
first  branch  of  the  objection  cannot  be  maintained,  and  that 
Morse  was  the  first  and  original  inventor  of  the  Telegraph  de¬ 
scribed  in  his  specification,  and  preceded  the  three  European 
inventions  relied  on  by  the  defendants. 

The  evidence  is  full  and  clear  that  when  he  was  returning 
from  a  visit  to  Europe,  in  1832,  he  was  deeply  engaged  upon 
this  subject  during  the  voyage  ;  and  that  the  process  and  means 
were  so  far  developed  and  arranged  in  his  own  mind,  that  he 
was  confident  of  ultimate  success.  It  is  in  proof  that  he  pursued 
these  investigations  with  unremitting  ardor  and  industry,  inter¬ 
rupted  occasionally  by  pecuniary  embarrassments  ;  and  we 
think  that  it  is  established  by  the  testimony  of  Professor  Gale 
and  others,  that  early  in  the  spring  of  1837,  Morse  had  invented 
his  plan  for  combining  two  or  more  Electric  or  Galvanic  Cir¬ 
cuits,  with  independent  Batteries,  for  the  purpose  of  overcoming 
the  diminished  force  of  Electro-Magnetism  in  long  circuits,  al¬ 
though  it  was  not  disclosed  to  the  witness  until  afterwards  ;  and 
that  there  is  reasonable  ground  for  believing  that  he  had  so  far 
completed  his  invention,  that  the  whole  process,  combination, 
powers,  and  machinery,  were  arranged  in  his  mind,  and  that  the 
delay  in  bringing  it  out  arose  from  his  want  of  means ;  for  it 
required  the  highest  order  of  mechanical  skill  to  execute  and 
adjust  the  nice  and  delicate  work  necessary  to  put  the  Telegraph 
into  operation,  and  the  slightest  error  or  defect  would  have  been 
fatal  to  its  success.  He  had  not  the  means  at  that  time  to  pro¬ 
cure  the  services  of  workmen  of  that  character ;  and  without 
their  aid  no  model  could  be  prepared  which  would  do  justice  to 
his  invention  ;  and  it  moreover  required  a  large  sum  of  money 
to  procure  proper  materials  for  the  work.  He,  however,  filed 
his  caveat  on  the  6th  of  October,  1837,  and  on  the  7th  of  April, 
1838,  applied  for  his  patent,  accompanying  his  application  with 
a  specification  of  his  invention,  and  describing  the  process  and 
means  used  to  produce  the  effect.  It  is  true  that  O’Rielly  in 
his  answer  alleges  that  the  plan  by  which  he  now  combines  two 
or  more  galvanic  or  electric  currents,  with  independent  'bat- 


135 


CHIEF  JUSTICE  TANEY’S  OPINION. 

teries,  was  not  contained  in  that  specification,  but  discovered 
and  interpolated  afterwards ;  but  there  is  no  evidence  whatever 
to  support  this  charge.  And  we  are  satisfied  from  the  testimony, 
that  the  plan,  as  it  now  appears  in  his  specification,  had  then 
been  invented,  and  was  actually  intended  to  be  described. 

With  this  evidence  before  us,  wre  think  it  is  evident  that  the 
invention  of  Morse  was  prior  to  that  of  Steinheil,  Wheatstone, 
or  Davy.  The  discovery  of  Steinheil,  taking  the  time  which  he 
himself  gave  to  the  French  Academy  of  Science,  cannot  be  un¬ 
derstood  as  carrying  it  back  beyond  the  months  of  May  or  June, 
1837  ;  and  that  of  Wheatstone,  as  exhibited  to  Professors  Henry 
and  Bache,  goes  back  only  to  April  in  that  year.  And  there  is 
nothing  in  the  evidence  to  carry  back  the  invention  of  Davy 
beyond  the  4th  of  January,  1839,  when  his  specification  was 
filed,  except  a  publication  said  to  have  been  made  in  the  London 
Mechanics1  Magazine ,  January  20,  1838  ;  and  the  invention  of 
Morse  is  justly  entitled  to  take  date  from  early  in  the  spring  of 
1837.  And  in  the  description  of  Davy’s  invention,  as  given  in 
the  publication  of  January  20,  1838,  there  is  nothing  specified 
which  Morse  could  have  borrowed ;  and  we  have  no  evidence 
to  show  that  his  invention  ever  was  or  could  be  carried  into 
successful  operation. 

In  relation  to  Wheatstone,  there  would  seem  to  be  some  dis¬ 
crepancy  in  the  testimony.  According  to  Professor  Gale’s  testi¬ 
mony,  as  before  mentioned,  the  specification  of  Wheatstone  and 
Cooke  was  not  filed  until  July  21,  1840,  and  his  information  is 
derived  from  the  London  Journal  of  Arts  and  Sciences.  But  it 
appears  by  the  testimony  of  Edward  F.  Barnes,  that  this  Tele¬ 
graph  was  in  actual  operation  in  1839.  And  in  the  case  of  the 
Electric  Telegraph  Company  vs.  Brett  &  Little,  10  Common 
Pleas  Reports,  by  Scott,  his  specification  is  said  to  have  been  filed 
Dec.  12,  1837.  But  if  the  last-mentioned  date  is  taken  as  the 
true  one,  it  would  not  make  his  invention  prior  to  that  of  Morse. 
And  even  if  it  would,  yet  this  case  must  be  decided  by  the  tes¬ 
timony  in  the  record,  and  we  cannot  go  out  of  it,  and  take  into 
consideration  a  fact  stated  in  a  book  of  reports.  Moreover,  we 
have  noticed  this  case  merely  because  it  has  been  pressed  into 
the  argument.  The  appellants  do  not  mention  it  in  their  answer, 
nor  put  their  defence  on  it.  And  if  the  evidence  of  its  priority 
was  conclusive,  it  would  not  avail  them  in  this  suit.  For  they 
cannot  be  allowed  to  surprise  the  patentee  by  evidence  of  a 
prior  invention  of  which  they  gave  him  no  notice. 

But  if  the  priority  of  Morse’s  invention  was  more  doubtful, 
and  it  was  conceded  that  in  fact  some  one  of  the  European  in¬ 
ventors  had  preceded  him  a  few  months  or  a  few  weeks,  it  would 
not  invalidate  his  patent.  The  act  of  Congress  provides  that 
when  the  patentee  believes  himself  to  be  the  first  inventor,  a 


136 


shaffner’s  telegraph  companion. 


previous  discovery  in  a  foreign  country  shall  not  render  his  pa¬ 
tent  void,  unless  such  discovery  or  some  substantial  part  of  it 
had  been  before  patented  or  described  in  a  printed  publication. 

Now  we  suppose  no  one  will  doubt  that  Morse  believed  him¬ 
self  to  be  the  original  inventor  when  he  applied  for  his  patent  in 
April,  1838.  Steinheil’s  discovery  does  not  appear  to  have  been 
ever  patented,  nor  to  have  been  described  in  any  printed  publi¬ 
cation  until  July  of  that  year.  And  neither  of  the  English  in¬ 
ventions  are  shown  by  the  testimony  to  have  been  patented  until 
after  Morse’s  application  for  a  patent,  nor  to  have  been  so  de¬ 
scribed  in  any  previous  publication  as  to  embrace  any  substan¬ 
tial  part  of  his  invention.  And  if  his  application  for  a  pate  nt 
was  made  under  such  circumstances,  the  patent  is  good,  even  i 
in  point  of  fact,  he  was  not  the  first  inventor. 

In  this  view  of  the  subject,  it  is  unnecessary  to  compare  the 
Telegraph  of  Morse  with  these  European  inventions,  to  ascer¬ 
tain  whether  they  are  substantially  the  same  or  not.  If  they 
were  the  same  in  every  particular,  it  would  not  impair  his  rights. 
But  it  is  impossible  to  examine  them,  and  look  at  the  process 
and  the  machinery  and  results  of  each,  so  far  as  the  facts  are  be¬ 
fore  us,  without  perceiving  at  once  the  substantial  and  essential 
difference  between  them,  and  the  decided  superiority  of  the  one 
invented  by  Professor  Morse. 

Neither  can  the  inquiries  he  made,  nor  the  information  or  ad¬ 
vice  he  received  from  men  of  science,  in  the  course  of  his  re¬ 
searches,  impair  his  right  to  the  character  of  an  inventor.  No 
invention  can  possibly  be  made,  consisting  of  a  combination  of 
different  elements  of  power,  without  a  thorough  knowledge  of 
the  properties  of  each  of  them,  and  the  mode  in  which  they 
operate  on  each  other.  And  it  can  make  no  difference  in  this 
respect  whether  he  derives  his  information  from  books,  or  from 
conversation  with  men  skilled  in  the  science.  If  it  were  other¬ 
wise,  no  patent  in  which  a  combination  of  different  elements  is 
used,  could  ever  be  obtained.  For  no  man  ever  made  such  an 
invention  without  having  first  obtained  this  information,  unless 
it  was  discovered  by  some  fortunate  accident.  And  it  is  evident 
that  such  an  invention  as  the  Electro-Magnetic  Telegraph  could 
never  have  been  brought  into  action  without  it.  For  a  very 
high  degree  of  scientific  knowledge,  and  the  nicest  skill  in  the 
mechanic  arts,  are  combined  in  it,  and  were  both  necessary  to 
bring  it  into  successful  operation.  And  the  fact  that  Morse 
sought  and  obtained  the  necessary  information  and  counsel  from 
the  best  sources,  and  acted  upon  it,  neither  impairs  his  rights  as 
an  inventor,  nor  detracts  from  his  merits. 

Regarding  Professor  Morse  as  the  first  and  original  inventor 
of  the  Telegraph,  we  come  to  the  objections  which  have  been 
made  to  the  validity  of  his  patent. 


CHIEF  JUSTICE  TANEY’S  OPINION.  137 

We  do  not  think  it  necessary  to  dwell  upon  the  objections 
taken  to  the  proceedings  upon  which  the  first  patent  was  issued, 
or  to  the  additional  specifications  in  the  reissued  patent  of  1848. 
In  relation  to  the  first,  if  there  was  any  alteration,  at  the  sug¬ 
gestion  of  the  Commissioner,  it  appears  to  have  been  in  a  matter 
of  form  rather  than  of  substance ;  and  as  regards  the  second, 
there  is  nothing  in  the  proof,  or  on  the  face  of  the  reissued  pa¬ 
tent,  to  show  that  the  invention  therein  described  is  not  the 
same  with  the  one  intended  to  be  secured  by  the  original  patent. 
It  was  reissued  by  the  proper  lawful  authority,  and  it  was  the 
duty  of  the  Commissioner  of  Patents  to  see  that  it  did  not  cover 
more  than  the  original  invention.  It  must  be  presumed,  there¬ 
fore,  that  it  does  not,  until  the  contrary  appears.  Variations 
from  the  description  given  in  the  former  specification  do  not 
necessarily  imply  that  it  is  for  a  different  discovery.  The  right 
to  surrender  the  old  patent,  and  receive  another  in  its  place,  was 
given  for  the  purpose  of  enabling  the  patentee  to  give  a  more 
perfect  description  of  his  invention,  when  any  mistake  or  over¬ 
sight  was  committed  in  his  first.  It  necessarily,  therefore,  varies 
from  it.  And  we  see  nothing  in  the  reissued  patent  that  may 
not,  without  proof  to  the  contrary,  be  regarded  as  a  more  care¬ 
ful  description  than  the  former  one,  explaining  more  fully  the 
nice  and  delicate  manner  in  which  the  different  elements  of 
power  are  arranged  and  combined  together  and  act  upon  one 
another,  in  order  to  produce  the  effect  described  in  the  specifica¬ 
tion.  Nor  is  it  void  because  it  does  not  bear  the  same  date  with 
his  French  patent.  It  is  not  necessary  to  inquire  whether  the 
application  of  Professor  Morse  to  the  Patent  Office,  in  1838,  be¬ 
fore  he  went  to  France,  does  or  does  not  exempt  his  patent  from 
the  operation  of  the  act  of  Congress  upon  this  subject.  For  if 
it  should  be  decided  that  it  does  not  exempt  it,  the  only  effect  of 
that  decision  would  be  to  limit  the  monopoly  to  fourteen  years 
from  the  date  of  the  foreign  patent.  And  in  either  case  the  pa¬ 
tent  was  in  full  force  at  the  time  the  injunction  was  granted  by 
the  Circuit  Court,  and  when  the  present  appeal  stood  regularly 
for  hearing  in  this  Court. 

And  this  brings  us  to  the  exceptions  taken  to  the  specifica¬ 
tion  and  claims  of  the  patentee  in  the  reissued  patent  of  1848. 

We  perceive  no  well-founded  objection  to  the  description 
which  is  given  of  the  whole  invention  and  its  separate  parts,  nor 
to  his  right  to  a  patent  for  the  first  seven  inventions  set  forth  in 
the  specification  of  his  claims.  The  difficulty  arises  on  the 
eighth. 

It  is  in  the  following  words  : 

“  Eighth.  I  do  not  propose  to  limit  myself  to  the  specific 
machinery  or  parts  of  machinery  described  in  the  foregoing 


138  shaffner’s  telegraph  companion. 

specification  and  claims ;  the  essence  of  my  invention  being  the 
use  of  the  motive  power  of  the  electric  or  galvanic  current,  which 
I  call  Electro-Magnetism,  however  developed,  for  marking  or 
printing  intelligible  characters,  signs,  or  letters,  at  any  distances, 
being  a  new  application  of  that  power  of  which  I  claim  to  be 
the  first  inventor  or  discoverer.” 

It  is  impossible  to  misunderstand  the  extent  of  this  claim. 
He  claims  the  exclusive  right  to  every  improvement  where  the 
motive  power  is  the  electric  or  galvanic  current,  and  the  result 
is  the  marking  or  printing  intelligible  characters,  signs,  or  letters, 
at  a  distance. 

If  this  claim  can  be  maintained,  it  matters  not  by  what  pro¬ 
cess  or  machinery  the  result  is  accomplished.  For  aught  that 
we  now  know,  some  future  inventor  in  the  onward  march  of 
science  may  discover  a  mode  of  writing  or  printing  at  a  distance, 
by  means  of  the  electric  or  galvanic  current,  without  using  any 
part  of  the  process  or  combination  set  forth  in  the  plaintiff’s 
specification.  His  invention  may  be  less  complicated — less 
liable  to  get  out  of  order — less  expensive  in  construction  and  in 
its  operation.  But  yet,  if  it  is  covered  by  this  patent,  the  in¬ 
ventor  could  not  use  it,  nor  the  public  have  the  benefit  of  it, 
without  the  permission  of  this  patentee. 

Nor  is  this  all.  While  he  shuts  the  door  against  inventions 
of  other  persons,  the  patentee  would  be  able  to  avail  himself  of 
new  discoveries  in  the  properties  and  powers  of  Electro-Magnet¬ 
ism  which  scientific  men  might  bring  to  light.  Eor  he  says  he 
does  not  confine  his  claims  to  the  machinery  or  parts  of  ma¬ 
chinery  which  he  specifies :  but  claims  for  himself  a  monopoly 
in  its  use,  however  developed,  for  the  purpose  of  printing  at  a 
distance.  New  discoveries  in  physical  science  may  enable  him 
to  combine  it  with  new  agents  and  new  elements,  and  by  that 
means  attain  the  object  in  a  manner  superior  to  the  present  pro¬ 
cess,  and  altogether  different  from  it.  And  if  he  can  secure  the 
exclusive  use,  by  his  present  patent,  he  may  vary  it  with  every 
new  discovery  and  development  of  the  science,  and  need  place 
no  description  of  the  new  manner,  process,  or  machinery,  upon 
the  records  of  the  Patent  Office.  And  when  his  patent  expires, 
the  public  must  apply  to  him  to  learn  what  it  is.  In  fine,  he 
claims  an  exclusive  right  to  use  a  manner  and  process  which  he 
has  not  described,  and  indeed  had  not  invented,  and  therefore 
could  not  describe  when  he  obtained  his  patent.  The  Court  is 
of  opinion  that  the  claim  is  too  broad,  and  not  warranted  by  law. 

No  one,  we  suppose,  will  maintain  that  Fulton  could  have 
taken  out  a  patent  for  his  invention  of  propelling  vessels  by 
steam,  describing  the  process  and  machinery  he  used,  and  claimed 
under  it  the  exclusive  right  to  use  the  motive  power  of  steam, 


CHIEF  JUSTICE  TANEY’S  OPINION.  139 

however  developed,  for  the  purpose  of  propelling  vessels.  It 
can  hardly  be  supposed  that  under  such  a  patent  he  could  have 
prevented  the  use  of  the  improved  machinery  which  science  has 
since  introduced ;  although  the  motive  power  is  steam,  and  the 
result  is  the  propulsion  of  vessels.  Neither  could  the  man  who 
first  discovered  that  steam  might,  by  a  proper  arrangement  of 
machinery,  be  used  as  a  motive  power  to  grind  corn  or  spin  cot¬ 
ton,  claim  the  right  to  the  exclusive  use  of  steam,  as  a  motive 
power,  for  the  purpose  of  producing  such  effects. 

Again,  the  use  of  steam  as  a  motive  power  in  printing-presses 
is  comparatively  a  modern  discovery.  Was  the  first  inventor 
of  a  machine  or  process  of  this  kind  entitled  to  a  patent,  giving 
him  the  exclusive  right  to  use  steam  as  a  motive  power,  how¬ 
ever  developed,  for  the  purpose  of  marking  or  printing  in¬ 
telligible  characters?  Could  he  have  prevented  the  use  of  any 
other  press  subsequently  invented,  where  steam  was  used?  Yet 
so  far  as  patentable  rights  are  concerned,  both  improvements 
must  stand  on  the  same  principles.  Both  use  a  known  motive 
power  to  print  intelligible  marks  or  letters  ;  and  it  can  make  no 
difference,  in  their  legal  rights  under  the  patent  laws,  whether 
the  printing  is  done  near  at  hand  or  at  a  distance.  Both  depend 
for  success  not  merely  upon  the  motive  power,  but  upon  the 
machinery  with  which  it  is  combined.  And  it  has  never,  we 
believe,  been  supposed  by  any  one,  that  the  first  inventor  of  a 
steam  printing-press  was  entitled  to  the  exclusive  use  of  steam, 
as  a  motive  power,  however  developed,  for  marking  or  printing 
intelligible  characters. 

Indeed,  the  acts  of  the  patentee  himself  are  inconsistent  with 
the  claim  made  in  his  behalf.  For  in  1846  he  took  out  a  patent 
for  his  new  improvement  of  local  circuits,  by  means  of  which  in¬ 
telligence  could  be  printed  at  intermediate  places  along  the  main 
line  of  the  Telegraph  ;  and  he  obtained  a  reissued  patent  for 
this  invention  in  1848.  Yet  in  this  new  invention  the  electric 
or  galvanic  current  was  the  motive  power,  and  writing  at  a  dis¬ 
tance  the  effect.  The  power  was  undoubtedly  developed  by 
new  machinery  and  new  combinations.  But  if  his  8th  claim 
could  be  sustained,  this  improvement  would  be  embraced  by  his 
first  patent.  And  if  it  was  so  embraced,  his  patent  for  the  local 
circuits  would  be  illegal  and  void.  For  he  could  not  take  out 
a  subsequent  patent  for  a  portion  of  his  first  invention,  and 
thereby  extend  his  monopoly  beyond  the  period  limited  by  law. 

Many  cases  have  been  referred  to  in  the  argument,  which 
have  been  decided  upon  this  subject,  in  the  English  and  Ameri¬ 
can  courts.  We  shall  speak  of  those  only  which  seem  to  be  con¬ 
sidered  as  leading  ones.  And  those  most  relied  on,  and  pressed 
upon  the  Court,  in  behalf  of  the  patentee,  are  the  cases  which 
arose  in  England  upon  Neilson’s  patent  for  the  introduction  of 


140  shaffner’s  telegraph  companion. 

heated  air  between  the  blowing  apparatus  and  the  furnace  in 
the  manufacture  of  iron. 

The  leading  case  upon  this  patent  is  that  of  Neilson  and 
others  vs.  Harford  and  others,  in  the  English  Court  of  Exchequer. 
It  was  elaborately  argued,  and  appears  to  have  been  carefully 
considered  by  the  Court.  The  case  was  this : — 

Neilson  in  his  specification  described  his  invention  as  one  for 
the  improved  application  of  air  to  produce  heat  in  fires,  forges, 
and  furnaces,  where  a  blowing  apparatus  is  required.  And  it 
was  to  be  applied  as  follows  : — The  blast  or  current  of  air  pro¬ 
duced  by  the  blowing  apparatus  was  to  be  passed  from  it  into 
an  air-vessel  or  receptacle  made  sufficiently  strong  to  endure  the 
blast ;  and  through  or  from  that  vessel  or  receptacle  by  means  of 
a  tube,  pipe,  or  aperture,  into  the  fire  :  the  receptacle  to  be  kept 
artificially  heated  to  a  considerable  temperature  by  heat  exter¬ 
nally  applied.  He  then  described  in  rather  general  terms  the 
manner  in  which  the  receptacle  might  be  constructed  and  heat¬ 
ed,  and  the  air  conducted  through  it  to  the  fire  :  stating  that  the 
form  of  the  receptacle  was  not  material,  nor  the  manner  of  apply¬ 
ing  heat  to  it.  In  the  action  above  mentioned  for  the  infringement 
of  this  patent,  the  defendant,  among  other  defences,  insisted — 
that  the  machinery  for  heating  the  air  and  throwing  it  hot 
into  the  furnace  was  not  sufficiently  described  in  the  specifica¬ 
tion,  and  the  patent  void  on  that  account — and  also,  that  a  pa¬ 
tent  for  throwing  hot  air  into  the  furnace,  instead  of  cold,  and 
thereby  increasing  the  intensity  of  the  heat,  was  a  patent  for  a 
principle,  and  that  a  principle  was  not  patentable. 

Upon  the  first  of  these  defences  the  jury  found  that  a  man  of 
ordinary  skill  and  knowledge  of  the  subject,  looking  at  the  spe¬ 
cification  alone,  could  construct  such  an  apparatus  as  would  be 
productive  of  a  beneficial  result  sufficient  to  make  it  worth  while 
to  adapt  it  to  the  machinery  in  all  cases  of  forges,  cupolas,  and 
furnaces,  where  the  blast  is  used. 

And  upon  the  second  ground  of  defence,  Baron  Parke,  who 
delivered  the  opinion  of  the  Court,  said  : — 

“It  is  very  difficult  to  distinguish  it  from  the  specification  of 
a  patent  for  a  principle,  and  this  at  first  created  in  the  minds  of 
the  Court  much  difficulty  ;  but  after  full  consideration,  we  think 
that  the  plaintiff  does  not  merely  claim  a  principle,  but  a  ma¬ 
chine  embodying  a  principle,  and  a  very  valuable  one.  We 
think  the  case  must  be  considered  as  if  the  principle  being  well 
known,  the  plaintiff  had  first  invented  a  mode  of  applying  it  by 
a  mechanical  apparatus  to  furnaces ;  and  his  invention  then  con¬ 
sists  in  this  :  by  interposing  a  receptacle  for  heated  air  between 
the  blowing  apparatus  and  the  furnace.  In  this  receptacle  he 
directs  the  air  to  be  heated  by  the  application  of  heat  externally 
to  the  receptacle,  and  thus  he  accomplishes  the  object  of  apply- 


141 


CHIEF  JUSTICE  TANEY’S  OPINION. 

ing  the  blast,  which  was  before  cold  air,  in  a  heated  state  to  the 
fur  Dace.” 

We  see  nothing  in  this  opinion  differing  in  any  degree  from 
the  familiar  principles  of  law  applicable  to  patent  cases.  Neil- 
son  claimed  no  particular  mode  of  constructing  the  receptacle, 
or  of  heating  it.  He  pointed  out  the  manner  in  which  it  might 
be  done  ;  but  admitted  that  it  might  also  be  done  in  a  variety  of 
ways ;  and  at  a  higher  or  lower  temperature ;  and  that  all  of 
them  would  produce  the  effect  in  a  greater  or  less  degree,  pro¬ 
vided  the  air  was  heated  by  passing  through  a  heated  receptacle. 
And  hence  it  seems  that  the  Court  at  first  doubted  whether  it 
was  a  patent  for  anything  more  than  the  discovery  that  hot  air 
would  promote  the  ignition  of  fuel  better  than  cold.  And  if  this 
had  been  the  construction,  the  Court,  it  appears,  would  have  held 
his  patent  to  be  void ;  because  the  discovery  of  a  principle  in 
natural  philosophy  or  physical  science  is  not  patentable. 

But  after  much  consideration,  it  was  finally  decided  that  this 
principle  must  be  regarded  as  well  known,  and  that  the  plaintiff 
had  invented  a  mechanical  mode  of  applying  it  to  furnaces  ;  and 
that  his  invention  consisted  in  interposing  a  heated  receptacle 
between  the  blower  and  the  furnace,  and  by  this  means  heating 
the  air  after  it  left  the  blower,  and  before  it  was  thrown  into  the 
fire.  Whoever,  therefore,  used  this  method  of  throwing  hot  air 
into  the  furnace,  used  the  process  he  had  invented,  and  thereby 
infringed  his  patent,  although  the  form  of  the  receptacle  or  the 
mechanical  arrangements  for  heating  it  might  be  different  from 
those  described  by  the  patentee.  For  whatever  form  was  adopted 
for  the  receptacle,  or  whatever  mechanical  arrangements  were 
made  for  heating  it,  the  effect  would  be  produced  in  a  greater 
or  less  degree,  if  the  heated  receptacle  was  placed  between  the 
blower  and  the  furnace,  and  the  current  of  air  passed  through  it. 

Undoubtedly  the  principle  that  hot  air  will  promote  the  igni¬ 
tion  of  fuel  better  than  cold,  was  embodied  in  this  machine.  But 
the  patent  was  not  supported,  because  this  principle  was  embo¬ 
died  in  it.  He  would  have  been  equally  entitled  to  a  patent,  if 
he  had  invented  an  improvement  in  the  mechanical  arrangements 
of  the  blowing  apparatus,  or  in  the  furnace,  while  a  cold  current 
of  air  was  still  used.  But  his  patent  was  supported,  because  he 
had  invented  a  mechanical  apparatus,  by  which  a  current  of  hot 
air  instead  of  cold  could  be  thrown  in.  And  this  new  method 
was  protected  by  his  patent.  The  interposition  of  a  heated  re¬ 
ceptacle  in  any  form  was  the  novelty  he  invented. 

.We  do  not  perceive  how  the  claim,  in  the  case  before  us,  can 
derive  any  countenance  from  this  decision.  If  the  Court  of  Ex¬ 
chequer  had  said  that  Heilson’s  patent  was  for  the  discovery 
that  hot  air  would  promote  ignition  better  than  cold,  and  that 
he  had  an  exclusive  right  to  use  it  for  that  purpose,  there  might, 


142  shaffner’s  telegraph  companion. 

perhaps,  have  been  some  reason  to  rely  upon  it.  But  the  Court 
emphatically  denied  his  right  to  such  a  patent ;  and  his  claim, 
as  the  patent  was  construed  and  supported  by  the  Court,  is  al¬ 
together  unlike  that  of  the  patentee  before  us. 

For  Neilson  discovered  that  by  interposing  a  heated  recepta¬ 
cle  between  the  blower  and  the  furnace,  and  conducting  the 
current  of  air  through  it,  the  heat  in  the  furnace  was  increased. 
And  this  effect  was  always  produced,  whatever  might  be  the 
form  of  the  receptacle,  or  the  mechanical  contrivances  for  heat¬ 
ing  it,  or  for  passing  the  current  of  air  through  it,  and  into  the 
furnace. 

But  Professor  Morse  has  not  discovered  that  the  electric  or 
galvanic  current  will  always  print  at  a  distance,  no  matter  what 
may  be  the  form  of  the  machinery  or  mechanical  contrivances 
through  which  it  passes.  You  may  use  Electro-Magnetism  as  a 
motive  power,  and  yet  not  produce  the  described  effect — that 
is,  print  at  a  distance  intelligible  marks  or  signs.  To  produce 
that  effect  it  must  be  combined  with  and  passed  through  and 
operate  upon  certain  complicated  and  delicate  machinery  adjust¬ 
ed  and  arranged  upon  philosophical  principles,  and  prepared 
by  the  highest  mechanical  skill.  And  it  is  the  high  praise  of 
Professor  Morse,  that  he  has  been  able  by  a  new  combination  of 
known  powers,  of  which  Electro-Magnetism  is  one,  to  discover 
a  method  by  which  intelligible  marks  or  signs  may  be  printed 
at  a  distance.  And  for  the  method  or  process  thus  discovered 
he  is  entitled  to  a  patent.  But  he  has  not  discovered  that  the 
Electro -Magnetic  current,  used  as  a  motive  power,  in  any  other 
method,  and  with  any  other  combination,  will  do  as  well. 

W e  have  commented  on  the  case  in  the  Court  of  Exchequer 
more  fully,  because  it  has  attracted  much  attention  in  the  courts 
of  this  country  as  well  as  in  the  English  courts,  and  has  been 
differently  understood.  And  perhaps  a  mistaken  construction 
of  that  decision  has  led  to  the  broad  claim  in  the  patent  now 
under  consideration. 

W e  do  not  deem  it  necessary  to  remark  upon  the  other  Eng¬ 
lish  decisions  in  relation  to  Heilson’s  patent,  nor  upon  the  other 
cases  referred  to,  which  stand  upon  similar  principles.  The  ob¬ 
servations  we  have  made  on  the  case  in  the  Court  of  Exchequer 
will  equally  apply  to  all  of  them. 

W e  proceed  to  the  American  decisions ;  and  the  principles 
herein  stated  were  fully  recognized  by  this  Court  in  the  case  of 
Leroy  et  al.  vs.  Tatham  and  others,  decided  at  the  last  Term,  14 
How.,  156. 

It  appeared  in  that  case  that  the  patentee  had  discovered  that 
lead,  recently  set,  would,  under  heat  and  pressure  in  a  close 
vessel,  reunite  perfectly  after  a  separation  of  its  parts,  so  as  to 
make  wrought  instead  of  cast  pipe.  And  the  Court  held  that 


CHIEF  JUSTICE  TANEY’S  OPINION. 


143 


lie  was  not  entitled  to  a  patent  for  this  newly-discovered  princi¬ 
ple  or  quality  in  lead ;  and  that  such  a  discovery  was  not  pa¬ 
tentable  ;  but  that  he  was  entitled  to  a  patent  for  the  new  pro¬ 
cess  or  method  in  the  art  of  making  lead  pipe  which  this  dis¬ 
covery  enabled  him  to  invent  and  employ  ;  and  was  bound  to 
describe  such  process  or  method  fully  in  his  specification. 

Many  cases  have  also  been  referred  to  which  were  decided  in 
the  Circuit  Courts.  It  will  be  found,  we  think,  upon  careful 
examination,  that  all  of  them,  previous  to  the  decision  on  Neil- 
son’s  patent,  maintain  the  principles  on  which  this  decision  is 
made.  Since  that  case  was  reported,  it  is  admitted  that  deci¬ 
sions  have  been  made  which  would  seem  to  extend  patentable 
rights  beyond  the  limits  here  marked  out.  As  we  have  already 
said,  we  see  nothing  in  that  opinion  which  would  sanction  the 
introduction  of  any  new  principle  in  the  law  of  patents  ;  but  if 
it  were  otherwise,  it  would  not  justify  this  Court  in  departing 
from  what  we  consider  as  established  principles  in  the  American 
courts.  And  to  show  what  was  heretofore  the  doctrine  upon 
this  subject,  we  refer  to  the  annexed  cases.  We  do  not  stop  to 
comment  on  them,  because  such  an  examination  would  extend 
this  opinion  beyond  all  reasonable  bounds.  1  Stor.  Rep.  270, 
285 ;  Wyeth  vs.  Stone,  3  Sumn.  540 ;  Blanchard  vs.  Sprague. 
The  first-mentioned  case  is  directly  in  point. 

Indeed,  independently  of  judicial  authority,  we  do  not  think 
that  the  language  used  in  the  act  of  Congress  can  justly  be  ex¬ 
pounded  otherwise. 

The  5th  section  of  the  act  of  1836  declares  that  a  patent  shall 
convey  to  the  inventor,  for  a  term  not  exceeding  fourteen  years, 
the  exclusive  right  of  making,  using,  and  vending  to  others  to 
be  used,  his  invention  or  discovery,  referring  to  the  specification 
for  the  particulars  thereof. 

The  6th  section  directs  who  shall  be  entitled  to  a  patent,  and 
the  terms  and  conditions  on  which  it  may  be  obtained.  It  pro¬ 
vides  that  any  person  shall  be  entitled  to  a  patent  who  has  dis¬ 
covered  or  invented  a  new  and  useful  art,  machine,  manufacture, 
or  composition  of  matter,  or  a  new  and  useful  improvement  on 
any  previous  discovery  in  either  of  them.  But  before  he  re¬ 
ceives  a  patent,  he  shall  deliver  a  written  description  of  his  in¬ 
vention  or  discovery,  u  and  of  the  manner  and  process  of  making , 
constructing ,  using ,  and  compounding  the  scimef  in  such  exact 
terms  as  to  enable  any  person  skilled  in  the  art  or  science  to 
which  it  appertains,  or  with  which  it  is  most  nearly  connected, 
to  make,  construct,  compound  and  use  the  same. 

This  Court  has  decided  that  the  specification  required  by  this 
law  is  a  part  of  the  patent,  and  that  the  patent  issues  for  the  in¬ 
vention  described  in  the  specification. 

Now  whether  the  Telegraph  is  regarded  as  an  art  or  machine, 


144 


shaffner’s  telegraph  companion. 


the  manner  and  process  of  making  or  using  it  must  be  set  forth 
in  exact  terms.  The  act  of  Congress  makes  no  difference  in  this 
respect  between  an  art  and  a  machine.  An  improvement  in  the 
art  of  making  bar  iron  or  spinning  cotton  must  be  so  described, 
and  so  must  the  art  of  printing  by  the  motive  power  of  steam. 
And  in  all  of  these  cases,  it  has  always  been  held  that  the  patent 
embraces  nothing  more  than  the  improvement  described  and 
claimed  as  new,  and  that  any  one  who  afterwards  discovered  a 
method  of  accomplishing  the  same  object,  substantially  and  es¬ 
sentially  differing  from  the  one  described,  had  a  right  to  use  it. 
Can  there  be  any  good  reason  why  the  art  of  printing  at  a  dis¬ 
tance,  by  means  of  the  motive  power  of  the  electric  or  galvanic 
current,  should  stand  on  different  principles  ?  Is  there  any 
reason  why  the  inventor’s  patent  should  cover  broader  ground  ? 
It  would  be  difficult  to  discover  anything  in  the  act  of  Con¬ 
gress  which  would  justify  this  distinction.  The  specification  of 
this  patentee  describes  his  invention  or  discovery,  and  the  man¬ 
ner  and  process  of  constructing  and  using  it,  and  his  patent, 
like  inventions  in  the  other  arts  above  mentioned,  covers  nothing 
more. 

The  provisions  of  the  acts  of  Congress  in  relation  to  patents 
may  be  summed  up  in  a  few  words. 

Whoever  discovers  that  a  certain  useful  result  will  be  pro¬ 
duced  in  any  art,  machine,  manufacture  or  composition  of  mat¬ 
ter,  by  the  use  of  certain  means,  is  entitled  to  a  patent  for  it ; 
provided  he  specifies  the  means  he  uses  in  a  manner  so  full  and 
exact,  that  any  one  skilled  in  the  science  to  which  it  appertains 
can,  by  using  the  means  he  specifies,  without  any  addition  to, 
or  subtraction  from,  them,  produce  precisely  the  result  he  de¬ 
scribes.  And  if  this  cannot  be  done  by  the  means  he  describes, 
the  patent  is  void.  And  if  it  can  be  done,  then  the  patent  con¬ 
fers  on  him  the  exclusive  right  to  use  the  means  he  specifies  to 
produce  the  result  or  effect  he  describes,  and  nothing  more. 
And  it  makes  no  difference  in  this  respect  whether  the  effect  is 
produced  by  chemical  agency  or  combination  ;  or  by  the  appli¬ 
cation  of  discoveries  or  principles  in  natural  philosophy,  known 
or  unknown  before  his  invention  ;  or  by  machinery  acting  alto¬ 
gether  upon  mechanical  principles.  In  either  case,  he  must  de¬ 
scribe  the  manner  and  process  as  above  mentioned,  and  the  end 
it  accomplishes.  And  any  one  may  lawfully  accomplish  the 
same  end  without  infringing  the  patent,  if  he  uses  means  sub¬ 
stantially  different  from  those  described. 

Indeed,  if  the  8th  claim  of  the  patentee  can  be  maintained, 
there  was  no  necessity  for  any  specification,  further  than  to  say 
that  he  had  discovered  that  by  using  the  motive  power  of  Elec¬ 
tro-Magnetism,  he  could  print  intelligible  characters  at  any  dis¬ 
tance.  We  presume  it  will  be  admitted  on  all  hands  that  no 


CHIEF  JUSTICE  TANEY’S  OPINION.  145 

patent  could  have  issued  on  such  a  specification.  Yet  this 
claim  can  derive  no  aid  from  the  specification  filed.  It  is  out¬ 
side  of  it,  and  the  patentee  claims  beyond  it.  And  if  it  stands, 
it  must  stand  simply  on  the  ground  that  the  broad  terms  above 
mentioned  were  a  sufficient  description,  and  entitled  him  to  a 
patent  in  terms  equally  broad.  In  our  judgment,  the  act  of 
Congress  cannot  be  so  construed. 

The  patent  then  being  illegal  and  void,  so  far  as  respects  the 
8th  claim,  the  question  arises  whether  the  whole  patent  is  void, 
unless  this  portion  of  it  is  disclaimed  in  a  reasonable  time  after 
the  patent  issued. 

It  has  been  urged  on  the  part  of  the  complainants  that  there 
is  no  necessity  for  a  disclaimer  in  a  case  of  this  kind.  That  it 
is  required  in  those  cases  only  in  which  the  party  commits  an 
error  in  fact,  in  claiming  something  which  was  known  before, 
and  of  which  he  was  not  the  first  discoverer ;  that  in  this  case 
he  was  the  first  to  discover  that  the  motive  power  of  Electro- 
Magnetism  might  be  used  to  write  at  a  distance  ;  and  that  his 
error,  if  any,  was  a  mistake  in  law  in  supposing  his  invention, 
as  described  in  his  specification,  authorized  this  broad  claim  of 
exclusive  privilege ;  and  that  the  claim,  therefore,  may  be  re¬ 
garded  as  a  nullity,  and  allowed  to  stand  in  the  patent  without 
a  disclaimer,  and  without  affecting  the  validity  of  the  patent. 

This  distinction  can  hardly  be  maintained.  The  act  of  Con¬ 
gress  above  recited  requires  that  the  invention  shall  be  so  de¬ 
scribed,  that  a  person  skilled  in  the  science  to  which  it  apper¬ 
tains,  or  with  which  it  is  most  nearly  connected,  shall  be  able  to 
construct  the  improvement  from  the  description  given  by  the 
inventor. 

How  in  this  case  there  is  no  description  but  one  of  a  process 
by  which  signs  or  letters  may  be  printed  at  a  distance.  And 
yet  he  claims  the  exclusive  right  to  any  other  mode  and  any 
other  process,  although  not  described  by  him,  by  which  the  end 
can  be  accomplished,  if  Electro-Magnetism  is  used  as  the  motive 
power.  That  is  to  say,  he  claims  a  patent  for  an  effect  produced 
by  the  use  of  Electro-Magnetism  distinct  from  the  process  or 
machinery  necessary  to  produce  it.  The  words  of  the  act  of 
Congress  above  quoted  show  that  no  patent  can  lawfully  issue 
upon  such  a  claim.  For  he  claims  what  he  has  not  described 
in  the  manner  required  by  law.  And  a  patent  for  such  a  claim 
is  as  strongly  forbidden  by  the  act  of  Congress  as  if  some  other 
person  had  invented  it  before  him. 

Why,  therefore,  should  he  be  required  and  permitted  to  dis¬ 
claim  in  the  one  case  and  not  in  the  other  ?  The  evil  is  the 
same  if  he  claims'  more  than  he  has  invented,  although  no  other 
person  has  invented  it  before  him.  He  prevents  others  from 
attempting  to  improve  upon  the  manner  and  process  which  he 

VOL.  I. — NO.  III.  3 


146 


shaffner’s  telegraph  companion. 

has  described  in  his  specification,  and  may  deter  the  public  from 
using  it,  even  if  discovered.  He  can  lawfully  claim  only  what 
he  has  invented  and  described,  and  if  he  claims  more  his  patent 
is  void.  And  the  judgment  in  this  case  must  be  against  the 
patentee,  unless  he  is  within  the  act  of  Congress  which  gives 
the  right  to  disclaim. 

The  law  which  requires  and  permits  him  to  disclaim  is  not 
penal,  but  remedial.  It  is  intended  for  the  protection  of  the 
patentee  as  well  as  the  public,  and  ought  not,  therefore,  to  re¬ 
ceive  a  construction  that  would  restrict  its  operation  within 
narrower  limits  than  its  words  fairly  import.  It  provides,  “that 
when  any  patentee  shall  have  in  his  specification  claimed  to  be 
the  first  and  original  inventor  or  discoverer  of  any  material  or 
substantial  part  of  .the  thing  patented,  of  which  he  was  not  the 
first  and  original  inventor,  and  shall  have  no  legal  or  just  claim 
to  the  same,5' — he  must  disclaim  in  order  to  protect  so  much  of 
the  claim  as  is  legally  patented. 

Whether,  therefore,  the  patent  is  illegal  in  part,  because  he 
claims  more  than  he  has  sufficiently  described,  or  more  than  he 
invented,  he  must  in  either  case  disclaim,  in  order  to  save  the 
portion  to  which  he  is  entitled ;  and  he  is  allowed  to  do  so 
when  the  error  was  committed  by  mistake. 

A  different  construction  would  be  unjust  to  the  public,  as 
well  as  to  the  patentee,  and  defeat  the  manifest  object  of  the  law, 
and  produce  the  very  evil  against  which  it  intended  to  guard. 

It  appears  that  no  disclaimer  has  yet  been  entered  at  the  Pa¬ 
tent  Office.  But  the  delay  in  entering  it  is  not  unreasonable. 
For  the  objectionable  claim  was  sanctioned  by  the  head  of  the 
office  ;  it  has  been  held  to  be  valid  by  a  Circuit  Court,  and  dif¬ 
ferences  of  opinion  in  relation  to  it  are  found  to  exist  among 
the  justices  of  this  Court.  Under  such  circumstances,  the  pa¬ 
tentee  had  a  right  to  insist  upon  it,  and  not  disclaim  it  until  the 
highest  court  to  which  it  could  be  carried  had  pronounced  its 
judgment.  The  omission  to  disclaim,  therefore,  does  not  render 
the  patent  altogether  void,  and  he  is  entitled  to  proceed  in  this 
.suit  for  an  infringement  of  that  part  of  his  invention  which  is 
legally  claimed  and  described.  But  as  no  disclaimer  was  en¬ 
tered  in  the  Patent  Office  before  this  suit  was  instituted,  he  can¬ 
not,  under  the  act  of  Congress,  be  allowed  costs  against  the 
wrong-doer,  although  the  infringement  should  be  proved.  And 
we  think  it  is  proved  by  the  testimony.  But  as  the  question  of 
infringement  embraces  both  of  the  reissued  patents,  it  is  proper, 
before  we  proceed  to  that  part  of  the  case,  to  notice  the  objec¬ 
tions  made  to  the  second  patent  for  the  local  circuits,  which  was 
originally  obtained  in  1846  and  reissued  in  1848. 

It  is  certainly  no  objection  to  this  patent,  that  the  improve¬ 
ment  is  embraced  by  the  eighth  claim  in  the  former  one.  We 


CHIEF  JUSTICE  TANEY’S  OPINION.  147 

i 

have  already  said  that  this  claim  is  void,  and  that  the  former 
patent  covers  nothing  but  the  first  seven  inventions  specifically 
mentioned. 

Nor  can  its  validity  be  impeached  upon  the  ground  that  it  is 
an  improvement  upon  a  former  invention,  for  which  the  patentee 
had  himself  already  obtained  a  patent.  It  is  true  that,  under 
the  act  of  1836,  S.  13,  it  was  in  the  power  of  Professor  Morse, 
if  he  desired  it,  to  annex  this  improvement  to  his  former  speci¬ 
fication,  so  as  to  make  it  from  that  time  a  part  of  the  original 
patent.  But  there  is  nothing  in  the  act  that  forbids  him  to  take 
out  a  new  patent  for  the  improvement,  if  he  prefers  it.  Any 
other  inventor  might  do  so ;  and  there  can  be  no  reason,  in  jus¬ 
tice  or  in  policy,  for  refusing  the  like  privilege  to  the  original 
inventor.  And  when  there  is  no  positive  law  to  the  contrary, 
he  must  stand  on  the  same  footing  with  any  other  inventor  of 
an  improvement  upon  a  previous  discovery.  Nor  is  he  bound 
in  his  new  patent  to  refer  specially  to  his  former  one.  All 
that  the  law  requires  of  him  is,  that  he  shall  not  claim  as  new 
what  is  covered  by  a  former  invention,  whether  made  by  him¬ 
self  or  any  other  person. 

It  is  said,  however,  that  this  alleged  improvement  is  not  new, 
and  is  embraced  in  his  former  specification ;  and  that  if  some 
portion  of  it  is  new,  it  is  not  so  described  as  to  distinguish  the 
new  from  the  old. 

It  is  difficult,  perhaps  impossible,  to  discuss  this  part  of  the 
case  so  as  to  be  understood  by  any  one  who  has  not  a  model  be¬ 
fore  him,  or  perfectly  familiar  with  the  machinery  and  opera* 
tions  of  the  Telegraph.  We  shall  not,  therefore,  attempt  to 
describe  minutely  the  machinery  or  its  mode  of  operation.  ,  So 
far  as  this  can  be  done  intelligibly,  without  the  aid  of  a  model 
to  point  to,  it  has  been  fully  and  well  done,  in  the  opinion  de¬ 
livered  by  the  learned  Judge  who  decided  this  case  in  the  Cir¬ 
cuit  Court.  All  that  we  think  it  useful  or  necessary  to  say  is, 
that  after  a  careful  examination  of  the  patents,  we  think  the  ob¬ 
jection  on  this  ground  is  not  tenable.  The  force  of  the  objection 
is  mainly  directed  upon  the  receiving  magnet,  which,  it  is  said, 
is  a  part  of  the  machinery  of  the  first  patent,  and  performs  the 
same  office.  But  the  receiving  magnet  is  not  of  itself  claimed 
as  a  new  invention.  It  is  claimed  as  a  part  of  a  new  combina¬ 
tion  or  arrangement  to  produce  a  new  result.  And  this  combi¬ 
nation  does  produce  a  new  and  useful  result.  For  by  this  new 
combination,  and  the  arrangement  and  position  of  the  receiving 
magnet,  the  local  independent  circuit  is  opened  by  the  electric 
or  galvanic  current  as  it  passes  on  the  main  line,  without  inter¬ 
rupting  it  in  its  course,  and  the  intelligence  it  conveys  is  recorded 
almost  at  the  same  moment  at  the  end  of  the  line  of  the  Tele¬ 
graph  and  at  the  different  local  offices  on  its  way.  And  it 


148 


SHAFFNER’S  TELEGRAPH  COMPANION. 


hardly  needs  a  model  or  a  minute  examination  of  the  machinery 
to  be  satisfied  that  a  Telegraph  which  prints  the  intelligence  it 
conveys,  at  different  places,  by  means  of  the  current  as  it  passes 
along  on  the  main  line,  must  necessarily  require  a  different  com¬ 
bination  and  arrangement  of  powers  from  the  one  that  prints 
only  at  the  end.  The  elements  which  compose  it  may  all  have 
been  used  in  the  former  invention,  but  it  is  evident  that  their 
arrangement  and  combination  must  be  different  to  produce  this 
new  effect.  The  new  patent  for  the  local  circuits  was,  therefore, 
properly  granted,  and  we  perceive  no  well-founded  objection  to 
the  specification  or  claim  contained  in  the  reissued  patent  of 
1848. 

The  two  reissued  patents  of  1848,  being  both  valid,  with  the 
exception  of  the  8th  claim  in  the  first,  the  only  remaining  ques¬ 
tion  is,  whether  they,  or  either  of  them,  have  been  infringed  by 
the  defendants. 

The  same  difficulty  arises  in  this  part  of  the  case  which  we 
have  already  stated  in  speaking  of  the  specification  and  claims 
in  the  patent  for  the  local  circuits.  It  is  difficult  to  convey  a 
clear  idea  of  the  similitude  or  differences  in  the  two  Telegraphs 
to  any  one  not  familiarly  acquainted  with  the  machinery  of 
both.  The  Court  must  content  itself,  therefore,  with  general 
terms,  referring  to  the  patents  themselves  for  a  more  special  de¬ 
scription  of  the  matters  in  controversy. 

It  is  a  well-settled  principle  of  law,  that  the  mere  change  in 
the  form  of  the  machinery  (unless  a  particular  form  is  specified 
as  the  means  by  which  the  effect  described  is  produced),  or  an 
alteration  in  some  of  its  unessential  parts,  or  in  the  use  of  known 
equivalent  powers,  not  varying  essentially  the  machine,  or  its 
mode  of  operation  or  organization,  will  not  make  the  new  ma¬ 
chine  a  new  invention.  It  may  be  an  improvement  upon  the 
former,  but  that  will  not  justify  its  use  without  the  consent  of 
the  first  patentee. 

The  Columbian  (O’Rielly’s)  Telegraph  does  not  profess  to 
accomplish  a  new  purpose  or  produce  a  new  result.  Its  object 
and  effect  is  to  communicate  intelligence  at  a  distance,  at  the  end 
of  the  main  line  and  at  the  local  circuits  on  its  way.  And  this 
is  done  by  means  of  signs  or  letters  impressed  on  paper  or  other 
material.  The  object  and  purpose  of  the  Telegraph  is  the  same 
with  that  of  Professor  Morse. 

Does  he  use  the  same  means  ?  Substantially,  we  think  he 
does,  both  upon  the  main  line  and  in  the  local  circuits.  He 
uses  upon  the  main  line  the  combination  of  two  or  more  gal¬ 
vanic  or  electric  circuits,  with  independent  batteries,  for  the  pur¬ 
pose  of  obviating  the  diminished  force  of  the  galvanic  current, 
and  in  a  manner  varying  very  little  in  form  from  the  invention 
of  Professor  Morse  And,  indeed,  the  same  may  be  said  of  the 


.  CHIEF  JUSTICE  TANEY’S  OPINION.  149 

entire  combination  set  forth  in  the  patentee’s  third  claim.  For 
O’Eielly’s  can  hardly  be  said  to  differ  substantially  and  essen¬ 
tially  from  it.  He  uses  the  combination  which  composes  the 
Eegister,  with  no  material  change  in  the  arrangement,  or  in  the 
elements  of  which  it  consists ;  and  with  the  aid  of  these  means 
he  conveys  intelligence,  by  impressing  marks  or  signs  upon 
paper ;  these  marks  or  signs  being  capable  of  being  read  and 
understood  by  means  of  an  alphabet,  or  signs  adapted  to  the 
purpose.  And  as  regards  the  second  patent  of  Professor  Morse, 
for  the  local  circuits,  the  mutator  of  the  defendant  does  not  vary 
from  it  in  any  essential  particular.  All  of  the  efficient  elements 
of  the  combination  are  retained,  or  their  places  supplied  by 
well-known  equivalents.  Its  organization  is  essentially  the 
same. 

Neither  is  the  substitution  of  marks  and  signs  differing  from 
those  invented  by  Professor  Morse  any  defence  to  this  action. 
His  patent  is  not  for  the  invention  of  a  new  alphabet,  but  for  a 
combination  of  powers  composed  of  tangible  and  intangible 
elements,  described  in  his  specification,  by  means  of  which 
marks  or  signs  may  be  impressed  upon  paper  at  a  distance, 
which  can  there  be  read  and  understood.  And  if  any  marks,  or 
signs,  or  letters  are  impressed  in  that  manner,  by  means  of  a 
process  substantially  the  same  with  his  invention,  or  with  any 
particular  part  of  it  covered  by  his  patent,  and  those  marks  or 
signs  can  be  read,  and  thus  communicate  intelligence,  it  is  an 
infringement  of  his  patent.  The  variation  in  the  character  of  the 
marks  would  not  protect  it,  if  the  marks  could  be  read  and  un¬ 
derstood. 

We  deem  it  unnecessary  to  pursue  further  the  comparison 
between  the  machinery  of  the  patents.  The  invasion  of  the 
plaintiff’s  rights,  already  stated,  authorized  the  injunction 
granted  by  the  Circuit  Court,  and  so  much  of  its  decree  must  be 
affirmed.  But  for  the  reasons  hereinbefore  assigned,  the  com¬ 
plainants  are  not  entitled  to  costs,  and  that  portion  of  the  de¬ 
cree  must  be  reversed,  and  a  decree  passed  by  this  Court, 
directing  each  party  to  pay  his  own  costs  in  this  and  in  the  Cir¬ 
cuit  Court. 


150 


shaffner’s  telegraph  companion. 


Art.  III. — DISSENTING  OPINION  OF  JUSTICE  GRIER. 

SUPREME  COURT  OF  THE  UNITED  STATES, 

December  Term,  1853. 

Henry  0  Riclly,  et  ah,  Appellants, 

vs. 

Samuel  F.  B.  Morse,  et  al.,  Appellees. 

Appeal  from  the  Circuit  Court  of  the  United  States  for  the  District  of 

Kentucky. 

The  opinion  of  Justice  Grier,  concurred  in  by  Justices 
Nelson  and  Wayne. 

I  entirely  concur  with  the  majority  of  the  Court  that  the 
appellee  and  complainant  below,  Samuel  F.  B.  Morse,  is  the  true 
and  first  inventor  of  the  recording  telegraph,  and  the  first  who  has 
successfully  applied  the  agent  or  element  of  nature,  called  electro-mag¬ 
netism,  to  printing,  and  recording  intelligible  characters  at  a  distance  ; 
and  that  his  patent  of  1840,  finally  reissued  in  1848,  and  his  patent 
for  his  improvements,  as  reissued  in  the  same  year,  are  good  and 
valid  ;  and  that  the  appellants  have  infringed  the  rights  secured  to 
the  patentee  by  both  his  patents.  •  But,  as  I  do  not  concur  in  the  views 
of  the  majority  of  the  Court,  in  regard  to  two  great  points  of  the  case, 
I  shall  proceed  to  express  my  own. 

I. — Does  the  complainant’s  first  patent  come  within  the  proviso  of 
the  sixth  section  of  the  act  of  1839  ;  and  should  the  term  of  fourteen 
years,  granted  by  it,  commence  from  the  date  of  his  patent  here,  or 
from  the  date  of  his  French  patent  in  1838  ? 

If  the  complainant’s  patent  is  within  the  provisions  of  this  section, 

I  cannot  see  how  we  can  escape  from  declaring  it  void.  The  proviso 
declares,  that  “  in  all  cases  every  such  patent  (issued  under  the  pro¬ 
visions  of  that  section)  shall  be  limited  to  the  term  of  fourteen  years 
from  the  date  or  publication  of  such  foreign  letters  patent.”  It  is 
true  it  does  not  say  that  the  patent  shall  be  void  if  not  limited  to  such 
term  on  its  face  ;  but  it  gives  no  power  to  the  officer  to  issue  a  patent 
for  a  greater  term.  If  the  patent  does  not  show  the  true  commence¬ 
ment  of  the  term  granted  by  it,  the  patentee  has  it  in  his  power  to 
deceive  the  public  by  claiming  a  term  of  fourteen  years,  while  in 
reality  it  may  be  not  more  than  one. 

But,  I  am  of  opinion,  that  the  patent  in  question  does  not  come 
within  this  proviso.  The  facts  of  the  case,  as  connected  with  this 
point,  are  these:  On  the  6th  of  October,  1837,  Morse  filed,  in  the 
office  of  the  Commissioner  of  Patents,  a  caveat,  accompanied  by  a 
specification,  setting  forth  his  invention,  and  praying  that  it  may  be 
protected  till  he  could  finish  some  experiments  necessary  to  perfect 
its  details.  On  the  9th  of  April,  1838,  he  filed  a  formal  application 
for  a  patent,  accompanied  by  a  specification  and  drawings.  On  the 


151 


MR.  JUSTICE  GRIER’S  OPINION. 

1st  of  May,  1838,  the  Commissioner  informs  him  that  his  application 
has  been  granted.  Morse  answers  on  the  15th  of  May,  that  he  is  just 
about  to  sail  for  Europe,  and  asks  the  Commissioner  to  delay  the  issue 
of  his  patent  for  the  present,  fearing  its  effect  upon  his  plans  abroad. 

On  the  30th  of  October,  1838,  he  obtained  his  useless  French 
patent.  On  his  return  to  this  country,  in  1840,  he  requests  his 
patent  to  be  perfected  and  issued.  In  his  application  filed  on  9th  of 
April,  1838,  there  was  an  oversight  in  filling  up  the  day  and  month. 
This  clerical  omission  was  wholly  immaterial,  but  ex  majori  cautcla , 
a  second  affidavit  Avas  filed,  and  the  patent  issued  on  the  20th  of  June, 
1840,  for  the  term  of  14  years  from  its  date. 

The  application  of  1838  had  a  set  of  drawings  annexed  to  the 
specification.  The  second  set  of  drawings  required  by  the  6th  sec¬ 
tion  of  the  act  of  1837,  being  for  the  purpose  of  annexation  to  the 
patent,  they  were  entirely  unnecessary  till  the  patent  issued,  and  are 
not  required  by  law  to  accompany  the  application  when  first  made, 
and  the  want  of  them  cannot  affect  the  validity  of  the  application. 

In  many  instances,  owing  to  various  causes,  the  patent  is  not  issued 
till  many  months,  and  sometimes  a  year  or  more  after  the  application. 
The  Commissioner  requires  time  to  examine  the  specification  ;  he 
may  suggest  difficulties  and  amendments  ;  and  disputes  often  arise 
which  delay  the  issuing  of  the  patent.  But  the  application  does  not 
require  to  be  renewed,  and  is  never  considered  abandoned  in  conse¬ 
quence  of  such  delay.  It  still  remains  as  of  the  date  of  its  filing  for 
every  purpose  beneficial  to  the  applicant.  The  law  does  not  require 
that  the  specification  and  its  accompaniments  should  be  in  the  precise 
form  which  they  afterwards  assume  in  the  patent.  It  requires  only 
that  the  application  be  “  in  writing ,”  and  that  the  applicant  should 
“  make  oath  that  he  is  the  original  inventor,”  &c.  The  other  require¬ 
ments  of  the  act  must  precede  the  issuing  of  the  patent,  but  make  no 
part  of  the  application,  and  are  not  conditions  precedent  to  its  validity. 
In  the  present  case,  we  have,  therefore,  a  regular  application  in  due 
form,  accompanied  by  a  specification  and  drawings,  filed  on  the  9th 
of  April,  1838.  It  has  not  been  withdrawn,  discontinued,  or  aban¬ 
doned.  There  is  nothing  in  the  act  of  Congress  which  requires  that 
the  patent  should  be  issued  within  any  given  time  after  the  application 
is  filed,  or  which  forbids  the  postponement  of  it  for  a  time  at  the  sug¬ 
gestion  either  of  the  applicant  or  the  officer  ;  nor  is  there  any  thing 
in  the  general  policy  of  the  patent  laws  which  forbids  it.  On  the  con¬ 
trary,  it  has  always  been  the  practice,  when  a  foreign  patent  is  desired, 
to  delay  the  issuing  of  the  patent  here,  after  application  filed,  for  fear 
of  injuring  such  foreign  application.  It  forms  no  part  of  the  policy 
of  any  of  our  patent  acts  to  prevent  our  citizens  from  obtaining  patents 
abroad.  By  the  Patent  Act  of  1793,  the  applicant  must  swear  that  his 
invention  was  not  known  or  used  before  the  application.  The  filing 
of  the  application  was  the  time  fixed  for  determining  the  applicant’s 
right  to  a  patent.  If  a  patent  had  issued  abroad,  or  the  invention  had 
been  in  use  or  described  in  some  public  work  before  that  time ,  it  was 
a  good  defence  to  it.  The  time  of  filing  the  application  was,  there¬ 
fore,  made  by  law  the  criterion  of  his  right  to  claim  as  first  inventor . 


152  shaffner’s  telegraph  companion. 

A  foreign  patent,  subsequent  to  the  date  of  his  application,  could  not 
be  set  up  as  a  defence  against  the  domestic  patentee.  The  American 
inventor,  who  had  tiled  his  application  and  specification  at  home,  was 
thus  enabled  to  obtain  his  patent  abroad  without  endangering  his 
patent  at  home.  This  was  a  valuable  privilege  to  American  citizens, 
and  one  of  which  he  has  never  been  deprived  by  subsequent  legisla¬ 
tion  ;  and  thus  the  law  stood  till  the  act  of  4th  July,  1836.  - 

Before  this  time,  the  right  to  obtain  a  patent  was  confined  to  Amer¬ 
ican  citizens,  or  those  who  had  filed  their  intentions  to  become  such. 
The  policy  of  this  act  was  to  encourage  foreign  inventors  to  introduce 
their  inventions  to  this  country,  but  in  doing  so,  it  evinces  no  inten¬ 
tion  of  limiting  our  own  citizens  by  taking  away  from  them  rights 
which  they  had  hitherto  enjoyed.  Accordingly,  it  gave  an  inventor, 
who  had  obtained  a  patent  abroad,  (and  who  was  generally  a  foreigner,) 
a  right  to  have  one  here,  provided  he  made  his  application  here  within 
six  months  after  the  date  of  his  foreign  patent.  Neither  the  letter 
nor  the  spirit  of  this  act  interferes  with  the  right  to  an  inventor,  who 
has  filed  his  application  here,  from  obtaining  a  patent  abroad,  or  his 
right  to  a  term  of  fourteen  years  from  the  date  of  his  patent. 

In  1838,  therefore,  when  complainant  filed  his  application,  he  was 
entitled  to  such  a  patent.  But  in  March,  1839,  an  act  was  passed,  by 
the  sixth  section  of  which  it  is  alleged  the  complainant’s  rights  have 
been  affected.  That  section  is  as  follows  : — “  That  no  person  shall 
be  debarred  from  receiving  a  patent  for  any  invention,  &c.,  as  provided 
in  the  act  of  4th  July,  1836,  to  which  this  is  additional ,  by  reason  of  the 
same  having  been  patented  in  a  foreign  country  more  than  six  months 
prior  to  his  application ;  provided  that  the  same  shall  not  have  been 
introduced  into  public  and  common  use  in  the  United  States  prior  to 
the  application  for  such  patent.  And  provided ,  also ,  that  in  all  cases 
every  such  patent  shall  be  limited  to  the  term  of  fourteen  years  from 
the  date  or  publication  of  such  foreign  letters  patent.”  Now  the  act  of 
1836,  as  we  have  shown,  had  given  a  privilege  to  foreign  patentees  to 
have  a  patent  within  six  months  after  date  of  such  foreign  patent ;  it 
had  not  affected,  in  any  manner,  the  right  previously  enjoyed  by 
American  citizens  to  take  out  a  foreign  patent  after  filing  their  appli¬ 
cation  here.  This  section  gives  “  additional ”  rights  to  those  who  had 
first  taken  out  patents  abroad,  and  holds  out  an  additional  encourage¬ 
ment  to  foreign  inventors  to  introduce  their  inventions  here,  subject  to 
certain  conditions  contained  in  the  provisoes.  Neither  the  letter, 
spirit,  nor  policy  of  this  act,  have  any  reference  to,  or  bearing  upon, 
the  case  of  persons  who  had  first  made  their  applications  here.  To 
construe  a  proviso,  as  applicable  to  a  class  of  cases  not  within  its 
enacting  clause,  would  violate  all  settled  rules  of  construction.  The 
office  of  a  proviso  is  either  to  except  something  from  the  enacting 
clause,  or  to  exclude  some  possible  ground  of  misinterpretation,  or  to 
state  a  condition  to  which  the  privilege  granted  by  the  section  shall 
be  subjected.  Here  the  proviso  is  inserted,  to  restrain  the  general 
words  of  the  section,  and  impose  a  condition  on  those  who  accept  the 
privileges  granted  by  the  section.  It  enlarged  the  privileges  of 
foreign  patentees,  which  had  before  been  confined  to  six  months,  on 


153 


mr.  justice  grier’s  opinion. 

two  conditions  :  first,  provided  the  invention  patented  abroad  had  not 
been  introduced  into  public  use  here ;  and  secondly,  on  condition  that 
every  such  patent  should  be  limited  in  its  term.  The  general  words, 
“  in  all  cases,”  especially  when  restrained  to  “  every  such  patent ,”  can¬ 
not  extend  the  condition  of  the  proviso  beyond  such  cases  as  are  the 
subject-matter  of  legislation  in  the  section. 

The  policy  and  spirit  of  the  act  are  to  grant  privileges  to  a  certain 
class  of  persons  which  they  did  not  enjoy  before  ;  to  encourage  the 
introduction  of  foreign  inventions  and  discoveries,  and  not  to  deprive 
our  own  citizens  of  a  right  heretofore  enjoyed,  or  to  affect  an  entirely 
different  class  of  cases,  when  the  applications  had  been  filed  here  before 
a  patent  obtained  abroad. 

It  is  supposed  that  certain  evils  might  arise  by  allowing  an  appli¬ 
cant  for  a  patent  here  to  delay  its  issue  till  he  can  obtain  a  foreign 
patent.  To  which  it  is  a  sufficient  answer  to  say,  that  if  such  evil  con¬ 
sequences  should  be  found  to  exist,  it  is  for  Congress  to  remedy  them 
by  legislation.  It  is  no  part  of  the  duty  of  this  Court,  by  a  forced  con¬ 
struction  of  existing  statutes,  to  attempt  the  remedy  of  possible  evils 
by  anticipation. 

I  am  therefore  of  opinion  that  the  complainant’s  patent,  as  renewed, 
contained  a  valid  grant  of  the  full  term  of  fourteen  years  from  its  ori¬ 
ginal  date. 

II. — The  other  point  in  which  I  cannot  concur  with  the  opinion  of 
the  majority,  arises  in  the  construction  of  the  eighth  claim  of  complain¬ 
ant’s  first  patent,  as  finally  amended.  The  first  claim,  as  explanatory 
of  all  that  follow,  should  be  read  in  connection  with  the  eighth — they 
are  as  follows  : — “  First — Having  thus  fully  described  my  invention,  I 
wish  it  to  be  understood  that  I  do  not  claim  the  use  of  the  galvanic 
current  or  currents  of  electricity  for  the  purpose  of  telegraphic  com¬ 
munications  generally ;  but  what  I  specially  claim  as  my  invention 
and  improvement,  is  making  use  of  the  motive  power  of  magnetism, 
when  developed  by  the  action  of  such  current  or  currents  substantial¬ 
ly  as  set  forth  in  the  foregoing  description  of  the  first  principal  part  of 
my  invention,  as  means  of  operating  or  giving  motion  to  machinery 
which  may  be  used  to  imprint  signals  upon  paper  or  other  suitable  ma¬ 
terial,  or  to  produce  sounds  in  any  desired  manner  for  the  purpose  of 
telegraphic  communication  at  any  distances.  The  only  ways  in  which 
the  galvanic  current  had  been  proposed  to  be  used  prior  to  my  inven¬ 
tion  and  improvement,  were  by  bubbles  resulting  from  decomposition, 
and  the  action  or  exercise  of  electrical  power  upon  a  magnetized  bar 
or  needle  ;  and  the  bubbles  and  the  deflections  of  the  needles  thus 
produced,  were  the  subjects  of  inspection,  and  had  no  power,  or  were 
not  applied  to  record  the  communication.  I  therefore  characterize  my 
invention  as  the  first  recording  or  printing  telegraph  by  means  of  elec¬ 
tro-magnetism. 

“  There  are  various  known  modes  of  producing  motions  by  electro¬ 
magnetism,  but  none  of  these  had  been  applied  prior  to  my  invention 
and  improvement,  to  actuate  or  give  motion  to  printing  or  recording 
machinery,  which  is  the  chief  point  of  my  invention  and  improve¬ 
ment.” 


154  shaffner’s  telegraph  companion. 

“  Eighth. — I  do  not  propose  to  limit  myself  to  the  specific  machinery 
or  parts  of  machinery  described  in  the  foregoing  specification  and 
claims,  the  essence  of  my  invention  being  the  use  of  the  motive 
power  of  the  electric  or  galvanic  current,  which  I  call  electro-magne¬ 
tism,  however  developed,  for  marking  or  printing  intelligible  characters, 
signs  or  letters,  at  any  distances,  being  a  new  application  of  that 
power,  of  which  I  claim  to  be  the  first  inventor  or  discoverer.” 

The  objection  to  this  claim  is,  that  it  is  too  broad,  because  the  in¬ 
ventor  does  not  confine  himself  to  specific  machinery  or  parts  of  ma¬ 
chinery  as  described  in  his  patent,  but  claims  that  the  essence  of  his 
invention  consists  in  the  application  of  electro-magnetism  as  a  motive 
power,  however  developed,  for  printing  characters  at  a  distance.  This 
being  a  new  application  of  that  element  or  power,  of  which  the  paten¬ 
tee  claims  to  be  the  first  inventor  or  discoverer. 

In  order  to  test  the  value  of  this  objection  as  applied  to  the  present 
case,  and  escape  any  confusion  of  ideas  too  often  arising  from  the  use 
of  ill-defined  terms  and  propositions,  let  us  examine,  1st.  What  may 
be  patented,  or  what  forms  a  proper  subject  of  protection  under  the 
Constitution  and  acts  of  Congress  relative  to  this  subject. 

2d.  What  is  the  nature  of  the  invention  now  under  consideration  ? 
Is  it  a  mere  machine,  and  subject  to  the  rules  which  effect  a  com¬ 
bination  of  mechanical  devices  to  effect  a  particular  purpose  ? 

3d.  Is  the  claim  true  in  fact ;  and,  if  true,  how  can  it  be  too  broad , 
in  any  legal  sense  of  the  term,  as  heretofore  used,  either  in  the  acts  of 
Congress  or  in  judicial  decisions  ? 

4th.  Assuming  the  hypothesis  that  it  is  too  broad  ;  how  should  that 
affect  the  judgment  for  costs  in  this  case  ? 

/“  1st.  The  Constitution  of  the  United  States  declares  that  Congress 
shall  have  the  power  to  promote  the  progress  of  science  and  useful  arts, 
by  securing,  for  limited  times,  to  authors  and  inventors,  the  exclusive 
right  to  their  respective  writings  and  discoveries .” 

The  act  of  Congress  of  1836  confers  this  exclusive  right,  for  a 
limited  time,  on  “  any  person  who  has  discovered  or  invented  any  new 
and  useful  art,  machine ,  manufacture  or  composition  of  matter,  or  any 
new  and  useful  improvements  on  any  art,  machine,  manufacture,  or  com¬ 
position  of  matter,  not  known  or  used  by  others  before  his  or  their  dis¬ 
covery  or  invention  thereof,  and  not,  at  the  time  of  his  application  for  a 
patent,  in  public  use,”  &c. 

A  new  and  useful  art,  or  a  new  and  useful  improvement  on  any 
known  art,  is  as  much  entitled  to  the  protection  of  the  law  as  a  machine 
or  manufacture.  The  English  patent  acts  are  confined  to  “  manufac¬ 
tures,”  in  terms  ;  but  the  courts  have  construed  them  to  cover  and  pro¬ 
tect  arts  as  well  as  machines ;  yet  without  using  the  term  art.  Here 
we  are  not  required  to  make  any  latitudinous  construction  of  our  sta¬ 
tute  for  the  sake  of  equity  or  policy  ;  and  surely  we  have  no  right, 
even  if  we  had  the  disposition,  to  curtail  or  narrow  its  liberal  policy 
by  astute  or  fanciful  construction. 

It  is  not  easy  to  give  a  precise  definition  of  what  is  meant  by  the 
term  “  art ,”  as  used  in  the  acts  of  Congress.  Some,  if  not  all,  the 
traits  which  distinguish  an  art  from  the  other  legitimate  subjects  of  a 


mr.  justice  grier’s  opinion. 


155 


patent,  are  stated  with  clearness  and  accuracy  by  Mr.  Curtis,  in  his 
treatise  on  patents.  The  term  art  “  applies,”  says  he,  “  to  all  those 
cases  where  the  application  of  a  principle  is  the  most  important  part  oj 
the  invention,  and  where  the  machinery,  apparatus,  or  other  means  by 
which  the  principle  is  applied  are  incidental  onlyr,  and  not  of  the 
essence  of  his  invention.  It  applies  also  to  all  those  cases  where  the 
result,  effect,  or  manufactured  article,  is  old,  but  the  invention  consists 
in  a  new  process  or  method  of  producing  such  result,  effect,  or  manu¬ 
facture.”  (Curt.  Pat.,  80.) 

A  machine,  though  it  may  be  composed  of  many  parts,  instruments, 
or  devices  combined  together,  still  conveys  the  idea  of  unity.  It  may 
be  said  to  be  invented,  but  the  term  “  discovery ”  could  not  well  be  pre¬ 
dicated  of  it.  An  art  may  employ  many  different  machines,  devices, 
processes,  and  manipulations,  to  produce  some  useful  result.  In  a 
previously  known  art,  a  man  may  discover  some  new  process,  or  new 
application  of  a  known  principle,  element,  or  powder  of  nature,  to  the 
advancement  of  the  art;  and  will  be  entitled  to  a  patent  for  the  same, 
as  an  improvement  in  the  art ;  or  he  may  invent  a  machine  to  perform 
a  given  function,  and  then  he  will  be  entitled  to  a  patent  only  for  his 
machine.  That  improvements  in  the  arts  which  consist  in  the  new 
application  of  some  known  element,  power,  or  physical  law,  and  not 
in  any  particular  machine  or  combination  of  machinery,  have  been 
frequently  the  subject  of  patents,  both  in  England  and  this  country, 
the  cases  in  our  books  most  amply  demonstrate.  I  have  not  time  to 
examine  them  at  length  ;  but  would  refer  to  James  Watt’s  patent  for 
a  method  of  saving  fuel  in  steam-engines,  by  condensing  the  steam 
in  separate  vessels,  and  applying  non-conducting  substances  to  his 
steam-pipes  ;  Clegg’s  patent  for  measuring  gas  in  water — Jupe  vs. 
Pratt:  Webster’s  Pat.  Cases,  103 — and  the  celebrated  case  of  Neil- 
son’s  patent  for  the  application  of  hot  blast,  being  an  important  im¬ 
provement  in  the  art  of  smelting  iron. 

In  England,  where  their  statute  does  not  protect  an  art  in  direct 
terms,  they  have  made  no  clear  distinction  between  an  art  and  an  im¬ 
provement  in  an  art,  and  a  process,  machine  or  manufacture.  They 
were  hampered  and  confined  by  the  narrowness  of  the  phraseology  of 
their  patent  acts.  In  this  country  the  statute  is  as  broad  as  language 
can  make  it ;  and  yet  if  we  look  at  the  titles  of  patents  as  given  at  the 
Patent  Office,  and  the  language  of  our  courts,  we  might  suppose  that 
our  statute  was  confined  entirely  to  machines,  notwithstanding  in  Knoop 
vs.  The  Bank  (4  Washington,  C.  C.  R.  19),  Mr.  Justice  Washing¬ 
ton  supported  a  patent  which  consisted  in  nothing  else  but  a  new  ap¬ 
plication  of  copper  plates  to  both  sides  of  a  bank  bill  as  a  security 
against  counterfeiting.  The  new  application  was  held  to  be  an  art, 
and  therefore  patentable.  So  the  patent  in  McClurg  vs.  Kingsland  (1 
How.  204)  was  in  fact  for  an  improvement  in  the  art  of  casting  chilled 
rollers  by  conveying  the  metal  to  the  mould  in  a  direction  approach¬ 
ing  to  the  tangent  of  the  cylinder,  yet  the  patentee  was  protected  in 
the  principle  of  his  discovery  (which  was  but  the  application  of 
a  known  law  of  nature  to  a  new  purpose)  against  all  forms  of  machi¬ 
nery  embodying  the  same  principle.  The  great  art  of  printing,  which 


156 


shaffner’s  telegraph  companion. 


has  changed  the  face  of  human  society  and  civilization,  consisted  in 
nothing  but  a  new  application  of  principles  known  to  the  world  for 
thousands  of  years  ;  no  one  could  say  it  consisted  in  the  type  or  the 
press,  or  in  any  other  machine  or  device  used  in  performing  some  par¬ 
ticular  function  more  than  in  the  hands  which  picked  the  types  or 
worked  the  press.  Yet  if  the  inventor  of  printing  had,  under  this 
narrow  construction  of  our  patent  law,  claimed  his  art  as  something 
distinct  from  the  machinery,  the  doctrine  now  advanced  would  have 
declared  it  unpatentable  to  its  full  extent  as  an  art ,  and  that  the  inven¬ 
tor  could  be  protected  in  nothing  but  his  first  rough  types  and  ill-con¬ 
trived  press. 

I  do  not  intend  to  review  the  English  cases  which  adopt  the  prin¬ 
ciple  for  which  I  now  contend,  notwithstanding  their  narrow  statute. 
But  would  refer  to  the  opinion  of  my  brother  Nelson,  in  14  How.  177  ; 
and  will  add,  that  Mr.  Justice  McLean,  in  delivering  the  opinion  of 
the  Court  in  that  case,  quotes  with  approbation  the  language  of  Lord 
Justice  Clerk  in  the  Neilson  case,  which  is  precisely  applicable  to  the 
question  before  us.  He  says,  “  The  specification  does  not  claim  any¬ 
thing  as  to  form,  nature,  shape,  materials,  numbers  or  mathematical 
character  of  the  vessel  or  vessels,  in  which  the  air  is  to  be  heated,  or 
as  to  the  mode  of  heating  such  vessels.”  Yet  this  patent  was  sus¬ 
tained  as  for  a  new  application  of  a  known  element,  or  to  use  correct 
language,  as  an  improvement  in  the  art  of  smelting  iron,  without  any 
regard  to  the  machinery  or  parts  of  machinery  used  in  the  application. 
— Such  I  believe  to  be  the  established  doctrine  of  the  English 
courts. 

He  who  first  discovers  that  an  element  or  law  of  nature  can  be 
made  operative  for  the  production  of  some  valuable  result,  some  new 
art,  or  the  improvement  of  some  known  art,  who  has  devised  the  ma¬ 
chinery  or  process  to  make  it  operative,  and  introduced  it  in  a  practical 
form  to  the  knowledge  of  mankind,  is  a  discoverer  and  inventor  of  the 
highest  class.  The  discovery  of  a  new  application  of  a  known  ele¬ 
ment  or  agent  may  require  more  labor,  expense,  persevering  industry 
and  ingenuity  than  the  invention  of  any  machine  ;  sometimes,  it  is  true, 
it  may  be  the  result  of  a  happy  thought  or  conception,  without  the  la¬ 
bor  of  experiment,  as  in  the  case  of  the  improvement  in  the  art  of 
casting  chilled  rollers,  already  alluded  to.  In  many  cases  it  is  the  re¬ 
sult  of  numerous  experiments  ;  not  the  consequence  of  any  reasoning 
a 'priori,  but  wholly  empyrical,  as  in  the  discovery  that  a  certain  degree 
of  heat,  when  applied  to  the  usual  processes  for  curing  India  rubber,  pro¬ 
duced  a  substance  with  new  and  valuable  qualities. 

The  mere  discovery  of  a  new  element,  or  law,  or  principle  of  nature, 
without  any  valuable  application  of  it  to  the  arts,  is  not  the  subject  of 
a  patent.  But  he  who  takes  this  new  element  or  power,  as  yet  use¬ 
less,  from  the  laboratory  of  the  philosopher,  and  makes  it  the  servant 
of  man,  who  applies  it  to  the  perfecting  of  a  new  and  useful  art,  or  to 
the  improvement  of  one  already  known,  is  the  benefactor  to  whom  the 
patent  law  tenders  its  protection.  The  devices  and  machines  used 
in  the  exercise  of  it  may  or  may  not  be  new,  yet,  by  the  doctrine 
against  which  I  contend,  he  cannot  patent  them,  because  they  were 


157 


mr.  justice  grier’s  opinion. 

known  and  used  before.  Or  if  he  can,  it  is  only  in  their  new  applica¬ 
tion  and  combinations  in  perfecting  the  new  art.  In  other  words,  he 
may  patent  the  new  application  of  the  mechanical  devices,  but  not  the 
new  application  of  the  operative  element  which  is  the  essential  agent 
in  the  invention.  He  may  patent  his  combination  of  machinery,  but 
not  his  art. 

Where  a  new  and  hitherto  unknown  product  or  result  beneficial  to 
mankind  is  effected  by  a  new  application  of  any  element  of  nature, 
and  by  means  of  machines  and  devices,  whether  new  or  old,  it  cannot 
be  denied  that  such  invention  or  discovery  is  entitled  to  the  denomi¬ 
nation  of  a  “  new  and  useful  art.”  The  statute  gives  the  inventor  of 
an  art  a  monopoly  in  the  exercise  of  it,  as  fully  as  it  does  to  the  in¬ 
ventor  of  a  mere  machine  ;  and  any  person  who  exercises  such  new 
art  without  the  license  of  the  inventor,  is  an  infringer  of  his  patent, 
and  of  the  franchise  granted  to  him  by  the  law  as  a  reward  for  his 
labor  and  ingenuity  in  perfecting  it.  A  construction  of  the  law  which 
protects  such  an  inventor  in  nothing  but  the  new  invented  machines, 
or  parts  of  machinery  used  in  the  exercise  of  his  art,  and  refuses  it  to 
the  exercise  of  the  art  itself,  annuls  the  patent  law.  If  the  law  gives 
a  franchise  or  monopoly  to  the  inventor  of  an  art,  as  fully  as  to  the 
inventor  of  a  machine,  why  shall  its  protection  not  be  coextensive 
with  the  invention  in  one  case,  as  well  as  in  the  other?  To  look  at 
an  art  as  nothing  but  a  combination  of  machinery,  and  give  it  protec¬ 
tion  only  as  such  against  the  use  of  the  same  or  similar  devices,  or 
mechanical  equivalents,  is  to  refuse  it  protection  as  an  art.  It  ignores 
the  distinction  between  an  art  and  a  machine  ;  it  overlooks  the  clear 
letter  and  spirit  of  the  statute,  and  leads  to  inextricable  difficulties  ; 
it  is  viewing  a  statue  or  a  monument  through  a  microscope. 

The  reason  given  for  thus  conferring  the  franchise  of  the  inventor 
of  an  art  to  his  machines  and  parts  of  machinery,  is,  that  it  would 
retard  the  progress  of  improvement,  if  those  who  can  devise  better 
machines  or  devices  differing  in  mechanical  principle  from  those  of 
the  first  inventor  of  the  art,  or,  in  other  words,  who  can  devise  an  im¬ 
provement  in  it,  should  not  be  allowed  to  pirate  it. 

To  say  that  a  patentee  who  claims  the  art  of  writing  at  a  distance 
by  means  of  Electro-Magnetism ,  necessarily  claims  all  future  im¬ 
provements  in  the  art,  is  to  misconstrue  it,  or  draw  a  consequence 
from  it  not  fairly  to  be  inf  erred  from  its  language.  An  improvement  in  a 
known  art  is  as  much  the  subject  of  a  patent  as  the  art  itself ;  so  also 
is  an  improvement  on  a  known  machine.  Yet,  if  the  original  machine 
be  patented,  the  patentee  of  an  improvement  will  not  have  a  right  to 
use  the  original.  This  doctrine  has  not  been  found  to  retard  the 
progress  of  invention  in  the  case  of  machines  ;  and  I  can  see  no 
reason  why  a  contrary  one  should  be  applied  to  an  art. 

The  claim  of  the  patentee  is,  that  he  may  be  protected  in  the  exer¬ 
cise  of  his  art  as  against  persons  who  may  improve  or  change  some 
of  the  processes  or  machines  necessary  in  its  exercise.  The  Court, 
by  deciding  that  this  claim  is  too  broad,  virtually  decides  that  such 
an  inventor  of  an  improvement  may  pirate  the  art  he  improves,  because 
it  is  contrary  to  public  policy  to  restrain  the  progress  of  invention  ; 


158 


shaffner’s  telegraph  companion. 

or,  in  other  words,  it  may  be  said  that  it  is  the  policy  of  the  courts 
to  refuse  that  protection  to  an  art  which  it  affords  to  a  machine,  and 
which  it  is  the  policy  of  the  Constitution  and  the  laws  to  grant. 

2d.  Let  us  now  consider  what  is  the  nature  of  the  invention  now 
under  consideration. 

It  is  not  a  composition  of  matter,  or  a  manufacture,  or  a  machine. 
It  is  the  application  of  a  known  element  or  power  of  nature  to  a  new 
and  useful  purpose  by  means  of  various  processes,  instruments  and 
devices,  and  if  patentable  at  all,  it  must  come  within  the  category  of 
“  a  new  and  useful  arty  It  is  as  much  entitled  to  this  denomination 
as  the  original  art  of  printing  itself.  The  name  given  to  it  in  the 
patent  is  generally  the  act  of  the  Commissioner,  and  in  this,  as  in 
many  other  cases,  a  wrong  one.  The  true  nature  of  the  invention 
must  be  sought  in  the  specification.  The  word  Telegraph  is  derived 
from  the  Greek,  and  signifies  to  “  write  afar  off,  or  at  a  distance.” 
It  has  heretofore  been  applied  to  various  contrivances  or  devices  to 
communicate  intelligence  by  means  of  signals  or  semaphores  which 
speak  to  the  eye  for  a  moment ;  but  in  its  primary  and  literal  signifi¬ 
cation  of  writing ,  printing ,  or  recording  at  a  distance ,  it  never  was  in¬ 
vented,  perfected,  or  put  into  practical  operation,  till  it  was  done  by 
Morse.  He  preceded  Steinheil,  Cook,  Wheatstone,  and  Davy,  in  the 
successful  application  of  the  mysterious  power  or  element  of  electro¬ 
magnetism  to  this  purpose  ;  and  his  invention  has  entirely  superseded 
their  inefficient  contrivances.  It  is  not  only  “  a  new  and  useful  art,5' 
if  that  term  means  anything,  but  a  most  wonderful  and  astonishing 
invention,  requiring  tenfold  more  ingenuity  and  patient  experiment  to 
perfect  it,  than  the  art  of  printing  with  types  and  press,  as  originally 
invented. 

3d.  Is  it  not  true,  as  set  forth  in  this  eighth  claim  of  the  specifica¬ 
tion,  that  the  patentee  was  the  first  inventor  or  discoverer  of  the  use 
or  application  of  electro-magnetism  to  print  and  record  intelligible 
characters  or  letters  ?  It  is  the  very  ground  on  which  the  Court 
agree  in  confirming  his  patent.  Now  the  patent  law  requires  an  in¬ 
ventor,  as  a  condition  precedent  to  obtaining  a  patent,  to  deliver  a 
written  description  of  his  invention  or  discovery,  and  to  particularly 
specify  what  he  claims  to  be  his  own  invention  or  discovery.  If  he 
has  truly  stated  the  principle,  nature,  and  extent  of  his  art  or  inven¬ 
tion,  how  can  the  Court  say  it  is  too  broad ,  and  impugn  the  validity 
of  his  patent  for  doing  what  the  law  requires  as  a  condition  for  obtain¬ 
ing  it  ?  And  if  it  is  only  in  case  of  a  machine  that  the  law  requires 
the  inventor  to  specify  what  he  claims  as  his  own  invention  and  dis¬ 
covery,  and  to  distinguish  what  is  new  from  what  is  old,  then  this 
eighth  claim  is  superfluous,  and  cannot  affect  the  validity  of  his 
patent,  provided  his  art  is  new  and  useful,  and  the  machines  and 
devices  claimed  separately  are  of  his  own  invention.  If  it  be  in  the 
use  of  the  words  “  however  developed ”  that  the  claim  is  to  be  adjudged 
too  broad,  then  it  follows  that  a  person  using  any  other  process  for 
the  purpose  of  developing  the  agent  or  element  of  electro-magnetism 
than  the  common  one  now  in  use  and  described  in  the  patent,  may 
pirate  the  whole  art  patented. 


159 


mr.  justice  grier’s  opinion. 

But  if  it  be  adjudged  that  the  claim  is  too  broad,  because  the  in¬ 
ventor  claims  the  application  of  this  element  to  his  new  art,  then  his 
patent  is  to  be  invalidated  for  claiming  his  whole  invention,  and  nothing 
more.  If  the  result  of  this  application  be  a  new  and  useful  art,  and 
if  the  essence  of  his  invention  consists  in  compelling  this  hitherto 
useless  element  to  record  letters  and  words  at  any  distance,  and  in 
many  places  at  the  same  moment,  how  can  it  be  said  that  the  claim 
is  for  a  principle  or  an  abstraction  ?  What  is  meant  by  a  claim  being 
too  broad  ?  The  patent  laAv  and  judicial  decisions  may  be  searched 
in  vain,  for  a  provision  or  decision  that  a  patent  may  be  impugned  for 
claiming  no  more  than  the  patentee  invented  or  discovered.  It  is 
only  when  he  claims  something  before  known  and  used,  something  as 
new  which  is  not  new,  either  by  mistake  or  intentionally,  that  his 
patent  is  affected. 

The  act  of  Congress  requires  the  applicant  for  a  patent  to  swear 
that  “he  is  the  original  and  first  inventor  of  the  art,  machine,”  &c.  It 
requires  the  Commissioner  to  make  an  examination  of  the  alleged 
invention,  “  and  if  it  shall  appear  that  the  same  has  not  been  invented 
prior  to  the  alleged  invention ,  he  shall  grant  a  patent,  &c.  But  if  it 
shall  appear  that  the  applicant  is  not  the  original  and  first  inventor  or 
discoverer  thereof,  or  that  any  part  of  that  which  is  claimed  as  new  had 
before  been  invented then  the  applicant  to  have  leave  to  withdraw  his 
application. 

The  13th  section  treats  of  defective  specifications,  and  their  remedy, 
where  the  applicant,  through  mistake  or  inadvertency,  had  claimed 
11  more  than  he  had  a  right  to  claim  as  new .” 

The  15th  section,  in  enumerating  the  defences  which  a  defendant 
may  be  allowed  to  make  to  a  patent,  states  that  inter  alia  he  may  show 
“  that  the  patentee  was  not  the  original  and  first  inventor  or  discoverer 
of  the  thing  patented,  or  of  a  substantial  and  material  part  thereof 
claimed  as  new,”  and  the  proviso  to  the  same  section  allows  the  court 
to  refuse  costs,  “  when  the  plaintiff  shall  fail  to  sustain  his  action  on 
the  ground  that  in  his  specification  or  claim  is  embraced  more  than 
that  of  which  he  was  the  first  inventor. 

The  7th  section  of  the  act  of  March  3d,  1837,  specially  defines  the 
meaning  of  the  phrase  too  broad  to  be,  when  the  patent  claims  more 
than  that  of  which  the  patentee  was  the  original  and  first  inventor  ; 
and  the  9th  section  of  the  same  act  again  providing  for  cases  where, 
by  accident  or  mistake,  the  patentee  claims  more  than  he  is  justly  en¬ 
titled  to,  describes  it  to  be,  “  where  the  patentee  shall  have  in  his 
specification  claimed  to  be  the  original  inventor  or  discoverer  of  any 
material  or  substantial  part,  of  which  he  is  not  the  first  and  original 
inventor,  and  shall  have  no  legal  and  just  right  to  the  same.”  Thus 
we  see  that  it  is  only  where,  through  inadvertence  or  mistake,  the 
patentee  has  claimed  something  of  which  he  was  not  the  first  inventor, 
that  the  Court  are  directed  to  refuse  costs. 

The  books  of  reports  may  be  searched  in  vain  for  a  case  where  a 
patent  has  been  declared  void,  for  being  too  broad  in  any  other  sense. 

Assuming  it  to  be  true,  then,  for  the  purpose  of  the  argument,  that 
the  new  application  of  the  power  of  electro-magnetism  to  the  art  of 


160 


shaffner’s  telegraph  companion. 

telegraphing  or  printing  characters  at  a  distance,  is  not  the  subject  of 
a  patent,  because  it  is  patenting  a  principle  ;  yet  as  it  is  also  true  that 
Morse  was  the  first  who  made  this  application  successfully,  as  set 
forth  in  this  8th  claim,  I  am  unable  to  comprehend  how,  in  the  words  of 
the  statute,  we  can  adjudge  “that  he  has  failed  to  sustain  his  action 
on  the  ground  that  his  specification  or  claim  embraces  more  than  that 
of  which  he  was  the  first  inventor.”  It  is  for  this  alone  that  the  sta¬ 
tute  authorizes  us  to  refuse  costs. 

4th.  Assuming  this  8th  claim  to  be  too  broad,  it  may  well  be  said, 
that  the  patentee  has  not  unreasonably  delayed  a  disclaimer,  when  we 
consider  that  it  is  not  till  this  moment  he  had  reason  to  believe  it  was 
too  broad.  But  the  bill  claims,  and  it  is  sustained  by  proof,  that  the 
defendant  has  infringed  the  complainant's  second  patent  for  his  im¬ 
provement. 

The  Court  sustain  the  validity  of  this  patent.  Why,  then,  is  the  com¬ 
plainant  not  entitled  to  his  costs  ?  At  law,  a  recovery  on  one  good 
count  is  sufficient  to  entitle  the  plaintiff  to  recover  costs  ;  and  I  can 
see  no  particular  equity  which  the  defendants  can  claim,  who  are 
adjudged  to  have  pirated  two  inventions  at  once. 

I  am  of  opinion,  therefore,  that  the  decree  of  the  Circuit  Court 
should  be  affirmed,  with  costs. 

True  copy. 

Test :  Wm.  Thos.  Carroll, 

C.  S.C.  U.  S. 


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